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TMI Blog2002 (10) TMI 823X X X X Extracts X X X X X X X X Extracts X X X X ..... anuary 21, 1983 suffered by Basti Ram in favour of defendant-respondent Ram Karan (hereinafter referred to as the defendant) was illegal, bad and had no effect upon their rights. 2. There was one Hira. He had three sons namely, Budh Ram, Ram Karan and Basti Ram and a daughter Bhati. He also left behind a widow namely, Mahasukhi. The plaintiffs are the sons daughter and widow of Budh Ram. Basti Ram was unmarried and had no issue. On January 21, 1983, he suffered a decree qua the land in dispute in favour of his real brother Ram Karan. The present suit was filed by the plaintiffs on May 27, 1983, challenging the decree. Various pleas such as property being ancestral and the decree being against law and non-registration of the decree were take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said submission Shri Alok Jain maintains that once the decree is ignored and set aside then the suit of the plaintiffs was liable to be decreed. On the other hand, Shri R.A. Yadav, the learned counsel for the respondents has submitted that the aforesaid decree was the result of a family settlement. He has submitted that Basti Ram was a disabled person and was not married and had no issue. He was living with Ram Karan and was being looked after by him and his family. In these circumstances, it is maintained by Sri Yadav that the aforesaid decree was perfectly legal and valid and had been suffered by Basti Ram voluntarily. It is further submitted by Shri Yadav that in fact the suit was filed by the plaintiffs on May 27, 1983, whereas Basti Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... succession or having a claim to a share in the disputed property. The consideration for a family settlement is the expectation that such a settlement will result in establishing or ensuring amity and goodwill amongst the relations. That consideration having passed by each of the disputants the settlement consisting of recognition of the right asserted by each other cannot be impeached thereafter. 11. In the aforesaid Ram Charan's case (supra), the Hon'ble Apex Court further observed as follows:- The transaction of a family settlement entered into by the parties who are members of a family bona fide to put an end to the dispute among themselves, is not a transfer. It is not also the creation of an interest. For, in a family settleme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the settlement. 14. Thus, it is clear that the concept of family settlement has been construed in a wider sense by the Hon'ble Supreme Court and the other Courts in India. In such a situation even if one of the parties to the settlement had no apparent antecedent title but under the arrangement, the other party relinquishes all its claim or title in favour of such a person and acknowledges him to be the sole owner then antecedent title was to be presumed and the family settlement was liable to be upheld. 15. Even in Kale's case (supra), an argument was raised before the Apex Court that the aforesaid family arrangement was not valid because the appellant therein had absolutely no title to the property so long as Mst. Ram Pyari was i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to property other than that falling to his share and recognizing the right of the others, as they had previously asserted it to the portions allotted to them respectively. x x x x x These observations do not mean that some title must exist as a fact in the persons entering into a family arrangement. They simply mean that it is to be assumed that the parties to the arrangement had an antecedent title of some sort and that the agreement clinches and defines what that title is. 17. Thus, as per the law laid down by the Hon'ble Supreme Court of India, I have no hesitation in holding that the decree in question was based on a family settlement and was not required to be compulsorily registered. 18. There is another aspect of the matter whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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