PHOOL PATTI AND ANR. Vs. RAM SINGH(DEAD)THROUGH LRS. & ANR.


This case is filed by Ram Singh(nephew of Bhagwana).  He said plaint that 52 kanals of land in the revenue estate of Nizampur Majra in district Sonepat was joint Hindu family property. There was also a residential house situated in stood on the said land or was on a separate parcel of land. Ram Singh further stated that some differences had arisen between the members of the joint Hindu family and as a result of a family settlement, the said land was given to him. He was in cultivating possession of the agricultural land and in physical possession of the residential house. 3. Bhagwana refused to admit his (Ram Singh’s) claim to the agricultural land. Even on his statement admitting the entire claim set up by Ram Singh. However, Shobha Ram (nephew of Bhagwana)said there is no family settlement and Bhagwana was the owner of the ancestral land and house. He also stated that ancestral – 20 kanals were purchased by Bhagwana while 32 kanals were ancestral property. Ram Singh stated that Bhagwana had given him his property through the civil suit filed by Ram Singh against Bhagwana and that the disputed property was given by Bhagwana of his own free will. Also, there is no record of Family settlement.Family settlement relate to the ancestral as well as self-acquired property of Bhagwana or only the ancestral property. It appears that it related only to the ancestral property and not the self acquired property (hence the reference to a hibba). The decree relating to 32 kanals of land did not require compulsory registration, as mentioned above. However, 20 kanals was gifted by Bhagwana to Ram Singh. This gift clearly requires compulsory registration under Section 17(1)(a) of the Registration Act, 1908 (the Act). Ram Singh’s claim over 32 kanals of land was acknowledged in the consent decree dated 24th November, 1980. This did not require compulsory registration.Since right, title or interest in immovable property of a value greater than Rs.100/- in favour of Ram Singh and thereby appeal is disposed of.

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