Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Registration Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Registration Act, 1908: s.17 – Case of appellants was that they were looking after one ‘B’, the sole defendant (owner of the suit property) who was divorced long back and was staying with them – His daughters (respondents) had left with their mother after the divorce and never met him – Sole defendant had executed registered will in favour of appellants and also a family settlement was effected in which suit property was given to the appellants in equal share – Sole defendant in a suit filed by appellants admitted the claim of the appellants that a registered will was executed by him in respect of the suit property in favour of the appellants and also a family settlement was effected in which suit property was given to the appellants in equal share – Suit was decreed on the basis of admission of the sole defendant and after the decree, mutation was effected in favour of the appellants – After the death of the sole defendant, the said decree was challenged by the respondents as null and void on the ground that it was not registered and therefore was not valid decree – Held: The suit was based on pre-existing right and the decree was expressly covered by expression “any decree or order of the Court” under s.17(2)(vi) – Decree and order did not require registration and were fully covered by s.17(2)(vi), which contains exclusion from registration as required in s.17(1) – Sequence of events clearly indicated that the sole defendant of his own volition wanted to give the entire property to the defendants due to the circumstances of the case, in which he was placed – Therefore, the decree cannot be held to be suffering from any fraud or coercion as contended by the respondents. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 314 |
Petitioner | Gurcharan Singh & Ors. |
Respondent | Angrez Kaur & Anr. |
SCR | [2020] 14 S.C.R. 332 |
Judgement Date | 2020-03-19 |
Case Number | 6835 |
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