VidhiSangh

Supreme Court of India · 10/07/2024

DUNI CHAND versus VIKRAM SINGH AND OTHERS

[2024] 7 S.C.R. 1202 · 2024 INSC 516

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Summary

Purchasers could not claim protection under Section 41 of the Transfer of Property Act without pleading and proving the true interested person’s consent and their own reasonable inquiry and good faith. Their vendor’s later will had been held invalid, leaving him no title to convey. The earlier will beneficiary’s decree was restored in full, and the vendor’s separate challenge to the concurrent finding on his will failed.

Issues

  1. Whether the purchasers established the statutory conditions for protection as transferees from an ostensible owner.
  2. Whether the concurrent finding that the later will was suspicious and invalid required interference.

Provisions considered

Held

Result

Civil Appeal No.8187 of 2023 allowed, restoring the first appellate decree in full and setting aside protection of purchasers. Civil Appeal No.8188 of 2023 dismissed.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 1202.