N.KHOSLA versus RAJLAKSHMI (DEAD) AND ORS.

N.KHOSLA versus RAJLAKSHMI (DEAD) AND ORS.

The award of the Arbitrator merely affirms pre-existing rights and records factual findings regarding the gift, revocation, and partition. It does not operate to create or extinguish rights in the immovable property in praesenti or future; thus, does not require registration under Section 17(1)(b) of the Registration Act, 1908. The appeal abatement as to a deceased respondent does not abate the appeal as to surviving respondents where their shares are distinct and severable.

Parties
Appellant: N. Khosla; Respondent: Rajlakshmi (Dead); Respondent: Nirmala; Respondent: Legal heirs of Saraswati
Jurisdiction
India
Judgment Date
06 March 2006
Procedural Posture
Civil Appeal / Supreme Court: Appeal From Punjab and Haryana High Court, Civil Revision Petition No. 3064/1983
Outcome
Appeal allowed
Legal Topics
Gift Deed Revocation, Award Registration Requirement, Partition of Ancestral Property, Fraudulent Mutation
Property Law Arbitration Registration Law Succession Gift Deed Revocation Award Registration Requirement Partition of Ancestral Property Fraudulent Mutation

Case Brief

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Parties

N. Khosla

Appellant

Rajlakshmi (Dead)

Respondent

Nirmala

Respondent

Legal heirs of Saraswati

Respondent

Procedural Posture

Civil Appeal / Supreme Court: Appeal From Punjab and Haryana High Court, Civil Revision Petition No. 3064/1983

Legal Issues

  1. 1 Whether abatement of appeal against deceased respondent abates appeal as to surviving respondents
  2. 2 Whether the award of the Arbitrator creates or extinguishes rights requiring registration under Section 17(1)(b) of the Registration Act, 1908

Ratio Decidendi

The award of the Arbitrator merely affirms pre-existing rights and records factual findings regarding the gift, revocation, and partition. It does not operate to create or extinguish rights in the immovable property in praesenti or future; thus, does not require registration under Section 17(1)(b) of the Registration Act, 1908. The appeal abatement as to a deceased respondent does not abate the appeal as to surviving respondents where their shares are distinct and severable.

Court Disposition

Appeal allowed

Orders

  • Award of the Arbitrator is made the Rule of the Court.
  • Decisions of the Trial Court, Appellate Court, and High Court are set aside.