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Supreme Court of India 2021-11-22 allowed

Kewal Krishan vs Rajesh Kumar & Ors. etc

Bench: 2 — Abhay S. Oka

In Brief

Kewal Krishan and his brother Sudarshan Kumar jointly purchased properties in 1976. In 1980, Kewal executed a power of attorney in favour of Sudarshan, who then sold the properties to his own minor sons and wife on 10 April 1981 at nominal prices (Rs 5,500 and Rs 6,875). Kewal sued for possession and to declare the sales void. The District Court found no evidence of payment of consideration and held the sales void. The High Court upheld joint ownership but directed monetary compensation instead. The Supreme Court set aside the High Court's order, restoring the District Court decree. It held that sale deeds without proof of payment constitute void transactions that do not transfer title, so Kewal retains his undivided half share in the properties.

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Property Law Transfer of Property Sale Deeds Power of Attorney Registration Benami Transaction Void Contracts

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