GURCHARAN SINGH & ORS. versus ANGREZ KAUR & ANR.

GURCHARAN SINGH & ORS. versus ANGREZ KAUR & ANR.

The decree dated 09.01.1995 was a decree declaring pre-existing rights in respect of the suit property (based on an admitted registered will and family settlement) and therefore fell within the exclusion in Section 17(2)(vi) of the Registration Act, 1908 and did not require registration; further, there was no proved fraud or coercion in obtaining the decree, so the High Court and First Appellate Court orders holding the decree void for non-registration were set aside and the trial court decree restored.

Parties
Appellants: Gurcharan Singh & Ors.; Respondents: Angrez Kaur & Anr.
Jurisdiction
India
Judgment Date
19 March 2020
Procedural Posture
Civil Appeal / Appeal From Judgment of the High Court (regular Second Appeal)
Outcome
Appeal allowed; judgment of the High Court and First Appellate Court set aside; decree of the trial court restored.
Legal Topics
Registration of Documents, Compromise Decree, Family Settlement, Proof of Will, Fraud in Obtaining Decree
Registration Act, 1908 Succession/wills Property Law Civil Procedure Registration of Documents Compromise Decree Family Settlement Proof of Will +1 more

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Parties

Gurcharan Singh & Ors.

Appellants

Angrez Kaur & Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment of the High Court (regular Second Appeal)

Legal Issues

  1. 1 Whether the decree dated 09.01.1995 required registration under Section 17 of the Registration Act, 1908
  2. 2 Whether the decree dated 09.01.1995 was obtained by fraud or coercion
  3. 3 Whether the registered Will dated 02.09.1986 and the family settlement dated 15.06.1994 supported the plaintiffs' claim

Ratio Decidendi

The decree dated 09.01.1995 was a decree declaring pre-existing rights in respect of the suit property (based on an admitted registered will and family settlement) and therefore fell within the exclusion in Section 17(2)(vi) of the Registration Act, 1908 and did not require registration; further, there was no proved fraud or coercion in obtaining the decree, so the High Court and First Appellate Court orders holding the decree void for non-registration were set aside and the trial court decree restored.

Court Disposition

Appeal allowed; judgment of the High Court and First Appellate Court set aside; decree of the trial court restored.

Orders

  • Set aside the judgment of the High Court of Punjab and Haryana in Regular Second Appeal No. 3472 of 2004 dated 09.05.2008
  • Set aside the judgment of the First Appellate Court decreeing Civil Suit No. 167/1998 (as recorded)