Aman Sharma & Anr. vs. Umesh & Ors.
Background
A house in Ferozepur, Punjab, was originally owned by one Lahori Ram. His son Krishan Kumar was claimed by his daughters (the plaintiffs, born to his second wife Sushila Kumari) to have inherited the property and later willed it to Sushila Kumari, who passed it to them. A rival claimant, Nand Kishore (claiming to be Krishan Kumar's son from his first wife), asserted a separate Will in his own favour from Lahori Ram and sold the house to the appellants, Aman Sharma and another, in 2006. The trial court, first appellate court and High Court all held that neither of the two competing Wills relied on by Nand Kishore's side had been proved, so Krishan Kumar was the rightful sole heir and his Will in favour of Sushila Kumari was valid, meaning Nand Kishore had no title to sell.
Decision Breakdown
The Supreme Court examined the concurrent findings of three courts below and agreed that the Wills dated 1957 and 1975 relied upon to establish title in favour of Nand Kishore's branch were not proved through evidence, while Krishan Kumar's 1993 Will bequeathing the property to Sushila Kumari was proved. Since Nand Kishore never held valid title, he could not pass better title to the appellant-purchasers through the 2006 sale deed, even though they claimed to be bona fide purchasers. The Court declined to disturb the concurrent findings under Article 136, noting no perversity or illegality, but left it open to the appellants to pursue any other legal remedy regarding the sale deed's validity, since the plaintiffs had not directly challenged that deed. The appeal was dismissed.
Lesson Learnt
A buyer can only get whatever title the seller actually possesses, even a purchaser who acts diligently and in good faith cannot acquire ownership from someone who never had valid title to begin with ("nemo dat quod non habet"); before buying inherited property, verifying the chain of title through Wills and succession is essential.