BHOOP SINGH versus RAM SINGH MAJOR AND ORS.

BHOOP SINGH versus RAM SINGH MAJOR AND ORS.

A decree that is not merely declaratory of a pre-existing right but purports to create new right, title or interest in immovable property of the value of Rs. 100 or upwards requires registration under the Registration Act, 1908. The decree in question was collusive and did not declare a pre-existing right; therefore, it cannot confer rights without registration.

Parties
Petitioner: Bhoop Singh; Respondents: Ram Singh (Major) and others
Jurisdiction
India
Judgment Date
11 September 1995
Procedural Posture
Special Leave Petition (civil) / Civil Appellate Jurisdiction; From Punjab & Haryana High Court Judgment Dated 24.2.95 in R.s.a. No. 1549 of 1979
Outcome
Petition dismissed
Legal Topics
Registration Requirement for Decrees, Declaratory Decrees, Compromise Decrees, Family Arrangement, Judgment on Admissions
Property Law Civil Procedure Registration Requirement for Decrees Declaratory Decrees Compromise Decrees Family Arrangement Judgment on Admissions

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Parties

Bhoop Singh

Petitioner

Ram Singh (Major) and others

Respondents

Procedural Posture

Special Leave Petition (civil) / Civil Appellate Jurisdiction; From Punjab & Haryana High Court Judgment Dated 24.2.95 in R.s.a. No. 1549 of 1979

Legal Issues

  1. 1 Whether a decree in a declaratory suit concerning immovable property based on admission of the defendant, but creating a new right or title, requires registration under Registration Act, 1908
  2. 2 Whether Section 17(2)(vi) of Registration Act exempts such a decree from registration
  3. 3 Whether a collusive decree can confer rights without registration

Ratio Decidendi

A decree that is not merely declaratory of a pre-existing right but purports to create new right, title or interest in immovable property of the value of Rs. 100 or upwards requires registration under the Registration Act, 1908. The decree in question was collusive and did not declare a pre-existing right; therefore, it cannot confer rights without registration.

Court Disposition

Petition dismissed

Orders

  • Impugned judgment upheld; decree in question requires registration
  • No new rights are conferred by the unregistered decree