apply to inter-vivos transfer nor to a testamentary succession. In view of this settled legal position, which could not be disputed by learned counsel, questions (i) to (iii) cannot be held to be substantial questions of law. 11. As regards Question No.(iv, it is well settled that requirement of registration does not apply to a family settlement which may be recognized by way of a decree. Contention that the family settlement could not have been entered between Bhagti and the defendants, as defendants were not her heirs, though they were her nephews, cannot be accepted in view of law laid down in Kale and others, Appellants v. Deputy Director of Consolidation and others , AIR 1976 SC 807, holding that concept of “antecedent title” had been widened by judgment of the Hon’ble Supreme Court and could be assumed in favour of person in whose favour family settlement was made. Moreover, no such question was raised before the courts below. Further, even though, the lower appellate court has not gone into the question of validity of Will in view of its finding on validity of decree, the trial court has recorded a clear finding of validity of Will. On being asked about the
