Dipo vs Wassan Singh
● Court: Punjab and Haryana High Court
● Citation: 7 SCC 737
● Facts:
Dipo challenged the validity of a sale deed executed by Wassan Singh for the sale of a property. Dipo argued that the sale deed was not properly executed, as it was neither registered nor had the required witnesses as per the formalities prescribed under the Transfer of Property Act. The property in question was disputed, with Dipo claiming that it belonged to her family and that Wassan Singh had no right to sell it without her consent.
Wassan Singh contended that the sale deed was legally executed and that the transaction was valid. He argued that the absence of registration and witnesses did not invalidate the deed, asserting that it was a genuine sale. Dipo, however, argued that the sale was legally flawed and could not be enforced due to the failure to comply with the mandatory registration requirements.
The case raised important questions about the validity of unregistered property transactions and whether failure to meet legal requirements could render a sale deed void.
● Issues:
1. Whether an unregistered sale deed is valid under the Transfer of Property Act.
2. Whether a property sale transaction can be upheld when the statutory formalities, such as registration and witness signatures, are missing.
● Judgment:
The Punjab and Haryana High Court ruled in favor of Dipo, holding that the sale deed was not valid because it failed to meet the essential formalities prescribed under the Transfer of Property Act. The Court noted that registration is mandatory for property transactions involving immovable property and that the absence of witnesses further invalidated the deed. The Court emphasized the importance of following the legal procedure for property sales to ensure the protection of rights.
Harinya
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