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Jagdish vs Rajwanti on 5 October, 2007
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[20]. It was further submitted by learned counsel for the
appellants that the plea of family settlement could not be attracted
as it was necessary that the member of the family settlement should
have some antecedents title, claim or interest or even a possible
claim of property. Any alleged settlement with the strangers to the
family cannot be given colour of a valid family settlement. A question
was decided in Jagdish Vs. Rajwanti, 2008(1) RCR (Civil) 677,
whether the sister's son would not have any antecedent title, claim
or interest in the suit property. He cannot have any claim over the
property of the plaintiffs who were successors of Ganeshi.
Bachan Singh vs Kartar Singh And Ors. on 31 July, 2001
This
Court while interpreting ratio of Bachan Singh Vs. Kartar Singh,
2002(3) RCR (Civil) 495 and Kale and others Vs. Deputy Director
of Consolidation and others, (1976) 3 Supreme Court Cases 119
held the aforesaid proposition while interpreting remote chance of
succession of sister's son in the property left by Mausi. Learned
counsel further submitted that defendant No.1 was not member of
the family, nor was having any remote chance of succession in the
family property and there was no question of any settlement of
dispute between such a person viz-a-viz the family.
[21]. By referring to Shakuntala Yadav and others case
(supra), learned counsel contended that there could not be any
family settlement between defendants as defendant No.1 had no
remote chance of succession, nor was having any antecedents right
of succession. The ratio of Kale and others case (supra) was
explained and it was held in the facts and circumstances of that
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case that the person like defendant No.1 put to similar facts and
circumstances as that of Shakuntala Yadav and others case
(supra) would not have any absolute right, neither remote nor
antecedent to succeed the estate of defendant No.2.
[22].
S. Noordeen vs S. Thiru Venkita Reddiar & Ors on 7 February, 1996
[33]. Since defendant No.1 having no pre-existing right in the
property, therefore, right was allegedly conferred upon defendant
No.1 by way of decree dated 13.06.1995. Any right created for the
first time in respect of property worth more than Rs.100/- was legally
required to be registered. An effort was made by learned counsel for
the respondents to segregate the analogy of Bhoop Singh case
(supra) in the light of observations made in S. Noordeen Vs. V.S.
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Thiru Venkita Reddiar, 1996(1) RRR 750 and Som Dev and
others Vs. Rati Ram and another, 2006(4) RCR (Civil) 303. It was
contended that a compromise decree does not require registration
unless decree involves any immovable property valued above
Rs.100/-. Having considered the aforesaid submission in the light of
facts of the present case, particularly observations made by the
Hon'ble Apex Court in remand order, this Court deems it appropriate
to answer third substantial question of law in favour of the plaintiffs-
appellants.