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Supreme Court of India 2021-07-06 allowed

Ripudaman Singh vs Tikka Maheshwar Chand

Bench: 2 — J1, J2

In Brief

Two brothers inherited property from their father's estate. In 1978, the elder brother sued to claim half the land, disputing a will. The parties agreed to a settlement (compromise) dividing the property between them. The settlement included land not technically part of the original suit. Later, a dispute arose about whether this settlement needed to be registered under the Registration Act. The Supreme Court held that the settlement did not require registration because the brothers, as heirs, already had pre-existing rights in their father's estate. The compromise merely declared and divided these pre-existing rights; it did not create entirely new rights. The Court allowed the appeal.

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Registration Act Property Law Family Settlement Compromise Decrees Succession Law Immovable Property Civil Procedure

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