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Supreme Court of India 2022-08-02 allowed

S. KULDEEP SINGH & ANR vs S. PRITHPAL SINGH

Bench: 2 — K.M. Joseph, Hrishikesh Roy

In Brief

An adopted son claimed ownership of agricultural land based on a 1975 compromise deed between himself and a tenant, endorsed by the land owner (his adoptive father). The natural son and daughter of the land owner contested the claim in court. The Supreme Court held that the compromise, though endorsed by the land owner, does not confer lawful title on the adopted son. The compromise created new rights for the first time and thus required registration under the Registration Act but was never registered. Additionally, the Deputy Commissioner's order endorsing the compromise was passed when the Agrarian Reforms Act, 1972 was under suspension, rendering it a legal nullity lacking jurisdiction. The Court also rejected the 'family arrangement' argument as the compromise involved an unrelated third party. The natural son and daughter's appeal was allowed, and the decree in favour of the adopted son was set aside."

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Property Law Transfer of Property Registration Act Agrarian Law Succession and Succession Law Estoppel Family Matters

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