However, as observed by this Court in the case of Kale (Supra) that such a family settlement, though not registered, would operate as a complete estoppel against the parties to such a family settlement. In the aforesaid decision, this Court considered its earlier decision in the case of S. Shanmugam Pillai and Ors. v. K. Shanmugam Pillai and Ors. MANU/SC/0398/1972 : (1973) 2 SCC 312 in which it was observed as under:

However, as observed by this Court in the case of Kale (Supra) that such a family settlement, though not registered, would operate as a complete estoppel against the parties to such a family settlement. In the aforesaid decision, this Court considered its earlier decision in the case of S. Shanmugam Pillai and Ors. v. K. Shanmugam Pillai and Ors. MANU/SC/0398/1972 : (1973) 2 SCC 312 in which it was observed as under:

13. Equitable, principles such as estoppel, election, family settlement, etc. are not mere technical Rules of evidence. They have an important purpose to serve in the administration of justice. The ultimate aim of the law is to secure justice. In the recent times in order to render justice between the parties, courts have been liberally relying on those principles. We would hesitate to narrow down their scope.

9.5 As held by this Court in the case of Subraya M.N. (Supra) even without registration a written document of family settlement/family arrangement can be used as corroborative evidence as explaining the arrangement made thereunder and conduct of the parties. 

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 784 of 2010

Decided On: 01.05.2019

 Thulasidhara  Vs. Narayanappa and Ors.

Hon'ble Judges/Coram:

L. Nageswara Rao and M.R. Shah, JJ.

Citation: (2019)6SCC 409

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#familysettlement