NDLI: Ripudaman Singh Vs. Tikka Maheshwar Chand

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Registration Act Suit for possession disputing Will 1908
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Registration Act, 1908: s.17(2)(vi) – Parties to dispute are brothers – Suit for possession disputing Will – Compromise decree between brothers – Whether a compromise decree in respect of land which is not the subject-matter of suit but is part of the settlement between the brothers required compulsory registration in terms of s.17(2)(vi) of the Registration Act – Held: As heir of deceased-father, the plaintiff-appellant had a right in the estate left by the deceased – Therefore, it was not a new right being created for the first time when the parties entered into a compromise before the civil court rather an pre-existing right in the property was recognized by way of settlement in court proceedings – Compromise entered between the parties before the trial court leading to decree included land which was not subject matter of suit – Compromise decree can be passed even if the subject-matter of the agreement, compromise of satisfaction is not the same as the subject-matter of the suit in terms of the provisions of Order XXIII Rule 3 CPC – Therefore, the compromise decree entered into between the parties in respect of land which was not the subject matter of the suit is valid and is thus a legal settlement – Where the decree has been passed in respect of family property, clause (vi) of sub-section 2 of s.17 of the Registration Act would be applicable – The principle is based on the fact that family settlement only declares the rights which are already possessed by the parties – Compromise was between the two brothers consequent to death of their father and no right was being created in praesenti for the first time, thus not requiring compulsory registration.
Judge	N/A
Neutral Citation	2021 INSC 320
Petitioner	Ripudaman Singh
Respondent	Tikka Maheshwar Chand
SCR	[2021] 6 S.C.R. 562
Judgement Date	2021-07-06
Case Number	2336

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Ripudaman Singh Vs. Tikka Maheshwar Chand

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Ripudaman Singh Vs. Tikka Maheshwar Chand

Ripudaman Singh Vs. Tikka Maheshwar Chand

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