SETTLEMENT UNDER SPECIFIC RELIEF ACT
Author: Akanksh Deekonda, NLIU-Bhopal
Along with the Fundamental Rights, the state also provides it, citizens, with Civil political, Human Rights, etc. The state is obliged to provide its people with such rights and everyone in the state can exercise their rights by being abridged by the state. The Specific Relief Act is one of the legislation passed by the parliament to guarantee some of the Civil rights. This act can only be used by an individual to enforce civil rights and it is not for using the citizens to abide by the penal laws.
What is a Settlement?
In Section 2(b) of the Special Relief Act, the term “Settlement” was used. It is defined as an instrument that is other than a will or a codicil. Codicil’s meanings are specified following the Indian Succession Act (ISA), 1925 (39 of 1925). This instrument has allocated or transferred the successive rights of movable or immovable property to be disposed of and decided to be disposed of. A settlement usually requires a formal agreement to make such a decision and, if no such arrangement has been made in writing, any documentation of instruments, whether by way of a declaration of trust or otherwise, the terms of any such clause.
This is a non-testamentary disposition of property by a written document, containing only a declaration of trust, for the distribution of property between the settlor’s family or his dependent or others for whom the settlor wishes to provide or for religious or charitable purposes. In other words, settlement of property between family members, collectively held by them, is a kind of compromise / mutual agreement and arrangement between family members to resolve their rights over the family member.
When can the people opt for settlement?
The “Settlement” can be opted out by the parties during the following cases:
- in consideration of marriage,
- To distribute the settler’s property among his or her family or those for whom he or she wishes to provide, or to provide any dependent person with it, or
- for all the charitable or religious purposes;
- for Liquidation purposes and even in dispute resolution, etc.
What are the Uses of Settlement?
The settlement is usually used in creating the action of reaching an agreement, the other purposes in which a Settlement can be used are:
- In the cases of Dispute Resolving;
- In the document stating conditions;
- A document on which conditions regarding money or property are given;
- In official agreements which ends with an argument between the people or groups
- In negotiating the peace
- It also uses a act or process of adjusting or determine an adjusting when such adjustments concerning dealings or difficulties
- In the cases of Liquidation, etc.
What are the provisions related to settlement in the Specific Relief Act?
The 1963 Specific Relief Act is enacted with the intent of establishing and amending the law that applies to all particular relief forms. Specific relief means relief of certain things, i.e. a particular or exact relief, called, set, or decided. For this act, paragraph 2(b) had specifically specified the term “settlement.”. The act also permits the individual to claim specific relief under certain cases of settlement. These include marriage settlement, settlement of the dubious rights agreement between members of the same family, and the settlements entitling the beneficiaries.
The act also provides for enforcement of certain Awards or Directions to execute a Settlement. The provisions provide for application in the act to certain awards and testamentary directions to execute settlements. This may generally happen according to the Arbitration and Conciliation Act, 1996. However, such a settlement cannot be executed for a will or a codicil.
It can be Concluded that the Specific Relief Act, 1963 provides for the specific reliefs. The term “Settlement” is generally understood as an instrument that has destined or devolved the successive interests of movable or immovable property to get disposed of. Besides, the Specific Relief Act, the settlement has a wider ambit and is also used in Indian stamps to act with a different perspective. The settlement plays a vital role in the present-day especially in the Mediation, Arbitration, and Dispute Resolution. There are various other uses of settlement such as to state conditions, and cases involving money or property, etc.
The settlement had a narrower approach in the Specific Relief Act, 1963. It just defines the term, declares what settlements can go under specific performance, and also provides for certain awards or directions to execute settlements.