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In a suit for partition, a Memorandum of Family Settlement is filed and on this basis the partition…

A Memorandum of Family Settlement is a private document under Section 74(2) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly sections 74 and 75 of the Indian Evidence Act,…

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In a suit for partition, a Memorandum of Family Settlement is filed and on this basis the partition suit is decreed, but even after disposal of the suit the original Memorandum of Family Settlement remains in the file of the partition suit, then in such situation whether in a suit for eviction by one of the original co-owner of a tenant of a shop of the joint property which has fallen to the share of that coowner as per the decree passed on the Memorandum of Family Settlement, can the certified copy of the Memorandum of Family Settlement be filed and proved as a public document in the suit against the tenant?

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A Memorandum of Family Settlement is a private document under Section 74(2) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly sections 74 and 75 of the Indian Evidence Act, 1872); merely lying in a disposed court file or obtaining a certified copy does not convert it into a public document, so "No, it cannot be because the original Memorandum of Family Settlement document which exists in the suit for partition which is disposed of, is a private document and not public document."

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