Family settlement  – Estoppel  – After having arrived at a family settlement and acting thereupon, the parties are estopped from challenging the same.

Registration Act, 1908,  S. 17, 17(1)(b) – Family settlement  – Estoppel  – After having arrived at a family settlement and acting thereupon, the parties are estopped from challenging the same. Held, contention that no question of estoppel would arise in the instant case inasmuch as if the document was to be compulsorily registrable there can be no estoppel against the statute. In the first place in view of the fact that the family arrangement was oral and the mutation petition was merely filed before the Court of the Assistant Commissioner for information and for mutation in pursuance of the compromise, the document was not required to be registered, therefore, the principle that there is no estoppel against the statute does not apply to the present case. Assuming, however, that the said document was compulsorily registrable the Courts have generally held that a family arrangement being binding on the parties to it would operate as an estoppel by preventing the parties after having taken advantage under the arrangement to resile from the same or try to revoke it.

1976 PLRonline 0003