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Civil Property & InheritanceSupreme Court of India

Krishna Devi v. Keshri Nandan

Civil Appeal · 2018 INSC 250Decided 21 Mar 2018
Civil Appeal No. 2367 of 2010
Justice N.V. Ramana · Justice S. Abdul Nazeer

Background

Krishna Devi, daughter of one Dharam Singh, sued her uncle's family for partition and a half share in ancestral property that had originally belonged to her grandfather. The defendants contended that her father, Dharam Singh, had already sold his fifty percent share of the property to the first defendant through a registered sale deed. Krishna Devi argued that this sale deed had been obtained from her father by fraud and misrepresentation and was therefore not binding on her. The trial court agreed with her and decreed the suit, but the first appellate court reversed this, and the High Court dismissed her second appeal, leading to this further appeal before the Supreme Court.

Decision Breakdown

The Supreme Court dismissed the appeal, finding no merit in the claim of fraud or misrepresentation. It noted that the Sub-Registrar who registered the sale deed testified that its contents had been explained to the parties and that Dharam Singh was in a sound state of mind at the time of execution. The two attesting witnesses likewise gave no evidence suggesting Dharam Singh lacked mental capacity, and the appellant produced no medical evidence to support her claim that her father was unwell. On these facts, the Court held there was no ground to disturb the concurrent findings of the first appellate court and the High Court, and upheld the validity of the sale deed.

Lesson Learnt

A claim that a registered document was obtained by fraud or misrepresentation must be backed by solid evidence (such as medical records or witness testimony): bare allegations, without proof, will not be enough to unwind a duly registered and attested sale deed.

Krishna Devi v. Keshri Nandan – Legal Case Shots | LegalAware