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Supreme Court of India 2017-03-27 allowed

Champa Devi vs Sudama Dubey (Dead) & Ors

Bench: 2 — S. Abdul Nazeer

In Brief

Champa Devi sought to cancel a 1982 land sale deed her elderly parents allegedly executed through fraud. Her parents, who had already made a Will leaving the property to her, claimed their brother-in-law obtained their signatures by falsely telling them it was needed to secure government grants for leprosy treatment, not for a sale. The lower court cancelled the deed; the High Court reversed it. The Supreme Court held the sale deed void because the defendant failed to prove he had paid the stated consideration and the evidence clearly showed fraudulent misrepresentation. The Court restored the decree cancelling the sale.

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Contract Law Succession Law Evidence Fraud and Misrepresentation Property Law

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