VidhiSangh

Supreme Court of India · 19/03/2020

GURCHARAN SINGH & ORS. versus ANGREZ KAUR & ANR.

[2020] 14 S.C.R. 332 · 2020 INSC 314

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Summary

The Supreme Court restored dismissal of the daughters’ suit challenging an earlier declaratory decree in favour of their father’s caregivers. The decree concerned only the suit property and recognised a pleaded, admitted prior family settlement; it did not require registration under Section 17(2)(vi). The father’s voluntary admissions, subsequent mutation and failure to object during his lifetime defeated the alleged fraud. The Court left the separate dispute over proof of his registered will undecided.

Issues

  1. Whether the earlier declaratory decree required compulsory registration.
  2. Whether the decree was vitiated by fraud or coercion.
  3. Whether validity of the registered will required determination.

Provisions considered

Held

Result

Appeal allowed; High Court and first appellate judgments set aside and trial court decree dismissing the plaintiffs’ suit restored.

Judgment PDF: Supreme Court of India, [2020] 14 S.C.R. 332.