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Supreme Court of India 2020-03-19 allowed

GURCHARAN SINGH & ORS vs ANGREZ KAUR & ANR

Bench: 2 — Ashok Bhushan, Navin Sinha

In Brief

Gurcharan Singh and others (defendants) obtained a decree in 1995 for suit property based on a will and family settlement executed by Bhajan Singh, the property owner. After Bhajan Singh's death, his daughters (the plaintiffs) challenged the decree as void for non-registration and fraudulently obtained. The trial court upheld the 1995 decree; the high court and appellate court reversed, holding it required registration. The Supreme Court restored the trial court's decision, holding that decrees concerning suit property are exempt from registration under the Registration Act. The decree was valid as it merely declared pre-existing rights, and no fraud occurred since Bhajan Singh himself admitted the claims and never objected during his lifetime."

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Property Law Registration Wills and Succession Fraud and Misrepresentation Compromise Decree Immorality vs Legality

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