Kanwar Raj Singh (D) through LRS. vs. Gejo (D) through LRS.
Citation: 2024 INSC 1; Civil Appeal No. 9098 of 2013
Bench: Justice Abhay S. Oka, Justice Pankaj Mithal
Background
The dispute centered on a sale deed executed in 1975 by Kanwar Raj Singh in favor of Smt. Gejo for land measuring 71 kanals 8 marlas. After execution but before registration, the seller (Kanwar Raj Singh) unilaterally altered the sale deed to state that only a 1/3rd share was being sold, without the buyer’s knowledge or consent. The deed was then registered. Subsequently, the seller executed a gift deed for the remaining 2/3rd share to his wife. Smt. Gejo (plaintiff) sought a declaration of ownership over the entire property based on the original sale deed, while the defendants argued that only a 1/3rd share was transferred as per the registered document.
Key Legal Issues
Whether unilateral changes made by the seller to a sale deed after execution but before registration, and without the purchaser’s knowledge or consent, are valid.
Whether the sale deed operates in its original form or as altered by the seller before registration.
Supreme Court’s Analysis
Sanctity of Sale Deed and Section 47 of the Registration Act:
The Court reaffirmed that a registered sale deed operates from the date of execution, provided the entire consideration is paid, as per Section 47 of the Registration Act, 1908. However, any unilateral changes made after execution but before registration, without the other party’s knowledge and consent, are invalid and must be ignored.
Contractual Fairness and Procedural Integrity:
The Court emphasized that contractual autonomy and fairness are fundamental to property transactions. Allowing one party to unilaterally alter a deed undermines the integrity of contracts and the statutory process of registration.
Evidence and Findings:
The Trial Court had decreed in favor of the plaintiff, holding that the entire land was sold. The Appellate Court reversed this, but the High Court restored the Trial Court’s decree, and the Supreme Court found no error in the High Court’s reasoning, upholding the sale of the entire property as originally executed.
Decision
The Supreme Court dismissed the appeal by the defendants, upheld the High Court’s judgment, and confirmed the legality of the original sale deed as executed (not as unilaterally altered). The Court held that the plaintiff (Gejo) was entitled to ownership over the entire property as per the original agreement and execution.
Significance
This judgment clarifies that a sale deed, once executed, cannot be unilaterally altered by one party before registration without the other’s consent. It upholds the sanctity of contracts, the integrity of the registration process, and protects parties from unfair and unauthorized changes in property transactions.
RELATED Blog
0 comments