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2004 Supreme(SC) 1310

BANKEY BEHARI – Appellant
Versus
SURYA NARAIN ALIAS MUNNOO – Respondent


( 1 ) WE agree with the view taken by the High Court that the so-called family settlement arrived at between the appellant, his brother, the respondent herein and their father required registration and since the document was not registered, it was inadmissible in evidence. No reliance could be placed upon the so-called family settlement arrived at between the parties. In the absence of any such settlement the father had 1/3rd share in the property which he could will/gift to any person, In view of this, we do not find any merit in this appeal and is dismissed as such with no order as to costs.

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