2004 Supreme(SC) 1310
Supreme Court Of India
BANKEY BEHARI
Versus
SURYA NARAIN ALIAS MUNNOO
Decided on October 13, 2004
Headnote:
Registration Act, 1908, Section 17 -Unregistered Family Settlement Deed -Not admissible in evidence- Therefore in the absence of any such settlement the father had ?rd share in the property which he could will/gift to any person. [Paras 1 and 2]
( 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.