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Supreme Court of India 2021-11-22 allowed

KEWAL KRISHAN vs RAJESH KUMAR & ORS. ETC

Bench: 2 — Ajay Rastogi, Abhay S. Oka

In Brief

Two brothers, Kewal Krishan and Sudarshan Kumar, jointly acquired properties in 1976. Kewal Krishan later executed a power of attorney to Sudarshan Kumar, who then sold parts of the properties to his wife and minor sons in 1981. Kewal Krishan challenged these sales as void. The High Court held both brothers were joint owners but enforced the 1981 sales, ordering payment of compensation. The Supreme Court reversed this, holding the 1981 sale deeds were void because they lacked any consideration or evidence of payment. Since no valid transfer occurred, Kewal Krishan retained his half share in the properties jointly with Sudarshan Kumar.

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