SOM DEV AND ORS. versus RATI RAM AND ANR.

SOM DEV AND ORS. versus RATI RAM AND ANR.

A decree recognizing pre-existing rights in property based on admission and as part of a bona fide family arrangement does not require registration under Section 17(2)(vi) of the Registration Act, 1908 and is enforceable; such a decree merges the original cause of action and cannot be challenged on grounds of absence of registration.

Parties
Appellant: Som Dev and Ors.; Respondent: Rati Ram and Anr.
Jurisdiction
India
Judgment Date
06 September 2006
Procedural Posture
Civil Appeal / Supreme Court Final Appellate Decision
Outcome
Appeal dismissed
Legal Topics
Registration of Decrees, Family Arrangements, Pre Emption, Recognition of Pre Existing Rights
Property Law Civil Procedure Registration of Decrees Family Arrangements Pre Emption Recognition of Pre Existing Rights

Case Brief

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Parties

Som Dev and Ors.

Appellant

Rati Ram and Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appellate Decision

Legal Issues

  1. 1 Whether a decree recognizing a pre-existing right in property based on admission requires registration under Section 17(1) of the Registration Act, 1908
  2. 2 Whether such a decree enables enforcement of right of pre-emption against the assignee of a co-owner

Ratio Decidendi

A decree recognizing pre-existing rights in property based on admission and as part of a bona fide family arrangement does not require registration under Section 17(2)(vi) of the Registration Act, 1908 and is enforceable; such a decree merges the original cause of action and cannot be challenged on grounds of absence of registration.

Court Disposition

Appeal dismissed

Orders

  • Judgments and decrees of the courts below are confirmed
  • No order as to costs