Property Lawyer: The settlement in respect of joint family property is not binding on those shareholders, who are not party to it; SC.- 16:54
Supreme Court of India
Justice Ajay Rastogi and Justice A M Khanwilkar
In case of joint family property, all the parties, who have share in the property, should be made party to the settlement. Otherwise, the settlement is not binding on non-parties qua their share.
The Supreme Court of India in Doddamuiyappa (Dead) through LRs versus Muniswamy and Others upheld the judgement of the High Court, which held that the non-parties to the settlement are not bound by the Sale Deed executed in lieu of Compromise Decree arrived in the court, and it would not affect their share in the joint family property.