DUNI CHAND versus VIKRAM SINGH AND OTHERS

DUNI CHAND versus VIKRAM SINGH AND OTHERS

The High Court's reliance on Section 41 was unwarranted because there was no pleading or evidence that the interested person (holder of the valid 1988 Will) had given consent, express or implied, and the purchasers did not plead or prove that they took reasonable care and acted in good faith; consequently purchasers could not acquire better title from a vendor whose 1994 Will was held invalid, and the first appellate court's decree in favour of the plaintiff was affirmed.

Parties
Appellant: Duni Chand; Respondent: Vikram Singh
Jurisdiction
India
Judgment Date
10 July 2024
Procedural Posture
Civil Appeal / Final Hearing and Decision by the Supreme Court
Outcome
Appeal No.8187 of 2023 allowed; Appeal No.8188 of 2023 dismissed.
Legal Topics
Section 41, Ostensible Owner, Consent of Persons Interested, Mutation, Possession
Transfer of Property Act, 1882 Wills Section 41 Ostensible Owner Consent of Persons Interested Mutation Possession

Case Brief

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Parties

Duni Chand

Appellant

Vikram Singh

Respondent

Procedural Posture

Civil Appeal / Final Hearing and Decision by the Supreme Court

Legal Issues

  1. 1 Whether the High Court erred in extending the benefit of Section 41 of the Transfer of Property Act, 1882 to purchasers despite lack of specific pleadings and evidence of consent of persons interested
  2. 2 Whether the Will dated 16.05.1994 is valid or shrouded in suspicion
  3. 3 Whether purchasers can acquire better title from a vendor who has no rights under an invalid will

Ratio Decidendi

The High Court's reliance on Section 41 was unwarranted because there was no pleading or evidence that the interested person (holder of the valid 1988 Will) had given consent, express or implied, and the purchasers did not plead or prove that they took reasonable care and acted in good faith; consequently purchasers could not acquire better title from a vendor whose 1994 Will was held invalid, and the first appellate court's decree in favour of the plaintiff was affirmed.

Court Disposition

Appeal No.8187 of 2023 allowed; Appeal No.8188 of 2023 dismissed.

Orders

  • Judgment of the High Court to the extent it extended benefit to defendant nos.2, 4 and 5 under Section 41 of the Transfer of Property Act is set aside
  • Judgment and decree of the First Appellate Court decreeing the suit in totality is affirmed