Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Baljinderpal Singh – Appellant
Versus
Inderjit Kaur – Respondent
Judgment :
Nidhi Gupta, J.
Present second appeal has been filed by the plaintiffs against the concurrent judgments and decrees of the learned Courts below whereby suit filed by the appellants for possession of the suit property measuring 21 kanal 2 marlas, has been dismissed by both the Courts below.
2. Brief facts of the case as pleaded in the plaint are that Puran Singh son of Santokh Singh was the real brother of Mohinder Singh, who is husband of Inderjit Kaur/defendant. Therefore, defendant Inderjit Kaur is the sister-in-law/Bhabhi of Puran Singh. Puran Singh had died on 05.08.1993. Plaintiff No.1 is the widow and the plaintiffs No.2 to 5 are the sons and daughters of deceased Puran Singh. It was pleaded case of the plaintiffs that Puran Singh was owner of sufficient agricultural land including the suit land.
After the death of Puran Singh, the plaintiffs had become owners of his entire estate including the suit land. Plaintiffs or Puran Singh had never gifted or sold the suit land to defendants. However, the defendants were in possession of the suit property without the consent of the plaintiffs. As such, their possession over the suit property was without any right, title or int
Consent decrees based on family settlements cannot be challenged on incorrect facts unless fraud is proven; registration is not required for such decrees when they involve pre-existing rights.
Consent decrees based on family settlements cannot be challenged on procedural grounds but only on proven fraud.
The judgment emphasizes the importance of evidence in establishing fraud and misrepresentation, the definition of family for the purpose of family settlement, and the requirement of compulsory regist....
Consent decree requires compulsory registration under Section 17 of the Registration Act if it creates rights in praesenti, a principle upheld against allegations of fraud and suspect wills.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
