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Supreme Court of India 2021-07-06 allowed

RIPUDAMAN SINGH vs TIKKA MAHESHWAR CHAND

Bench: 2 — Sanjay Kishan Kaul, Hemant Gupta

In Brief

Two brothers disputed their late father's will regarding property rights. They reached a compromise before a civil court, obtaining a decree that granted each brother different parcels of land, including non-cultivable land not originally part of the suit. When the brother sought to register his share, the mutation was challenged as the compromise decree lacked registration. The Supreme Court held that the compromise decree required no registration because it merely declared the brothers' pre-existing rights as heirs, rather than creating new rights. Registration is compulsory only when a decree creates fresh rights; family settlements declaring pre-existing interests do not require it.

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Registration of Documents Family Settlement Compromise Decree Property Law Inheritance Succession

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