BASHIR AHMED vs NAZIR AHMAD S — 2024 SCMR 1984 SUPREME-COURT

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BASHIR AHMED VS NAZIR AHMAD S. 17---Qanun-e-Shahadat (10 of 1984), Art. 17(2)(a)---Family settlement---Whether settlement document required registration and attestation by two witnesses---Held, that in the case at hand, a document detailing the distribution of properties was drafted---This document could be categorized as a family arrangement rather than a standard partition deed---Its contents revealed that the brothers initially reached an oral agreement regarding property distribution, which was then recorded in a memorandum---Property division outlined in the memorandum did not involve transferring property from one brother to another, nor did any brother derive their property rights from another---Instead, the arrangement embodied in the memorandum acknowledged the rights of each brother to specific properties listed under their names---How the properties were to be transferred from one brother to another was verbally settled among the four brothers, and general powers of attorneys were exchanged among all the brothers to give effect to this verbal agreement---Since the memorandum did not constitute a deed of transfer, gift, exchange, surrender, etc., it did not fall under the clauses of Section 17 of the Registration Act, 1908, which require registration---It also did not contain any financial or future obligations requiring attestation by two witnesses as per Article 17 of the Qanun-e-Shahadat, 1984---However, if the settlement were used as a document to create or declare rights in immovable property worth more than Rs.100, it would have needed attestation by two witnesses and also registration---It is important to note that, even though the memorandum was not registered, it was open for either party to prove that there had been a family settlement which was acted upon---Appeal was allowed.

BASHIR AHMED vs NAZIR AHMAD S — 2024 SCMR 1984 SUPREME-COURT

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