In Brief
Brothers Harbans Singh (deceased), Mohan Singh, and Sohan Singh purchased disputed land in 1970. A family settlement was orally agreed in 1970, allocating ownership to Harbans Singh, though the property remained in the names of the other brothers in revenue records. The settlement was memorialized in writing (Exhibit P-6) on 10 March 1988. Harbans Singh constructed 16 shops, a service station, and boundary wall on the property and remained in possession. After his death, his legal heirs sued for a declaration of ownership. The trial court partly decreed the suit. The first appellate court allowed the appeal and declared them full owners. The High Court reversed, holding that Exhibit P-6 required registration as it transferred immovable property rights. The Supreme Court upheld the first appellate court's decision, holding that Exhibit P-6 was merely a memorandum of an already-settled family arrangement, not a document creating rights for the first time, and therefore did not require registration. The defendants were estopped from resiling from the settlement after benefiting from it.
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