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Supreme Court of India 2021-09-30 allowed

PLACIDO FRANCISCO PINTO (D) by LRs & ANR vs JOSE FRANCISCO PINTO & ANR

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

An elder brother purchased his younger brother's property through a registered sale deed to prevent its compulsory auction and discharged the brother's debts. The younger brother later claimed he was illiterate, did not understand the document, and did not intend to sell. The trial court upheld the sale, but the appellate court and high court set it aside, finding fraud through misrepresentation. The Supreme Court restored the original decree, holding that a registered deed carries legal presumption of proper execution and cannot be invalidated merely on feigned ignorance of contents. Since no fraud was pleaded or proved, and the transaction between close relatives was supported by actual payment of debts, the sale deed was valid and enforceable despite the nominal consideration recorded."

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Contract Law Property Law Evidence Law Sale Deed Fraud and Misrepresentation Registered Documents Civil Procedure Family Law

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