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january 2008

Supreme Court of India · 2008-01-15

Tulsa & Ors vs Durghatiya & Ors

Citation / case number
AIR 2008 SUPREME COURT 1193
Court
Supreme Court of India
Petitioner
Tulsa & Ors
Respondent
Durghatiya & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court upheld the decision of the Madhya Pradesh High Court, affirming that the sale deed dated 10.9.1980 was invalid as it was executed without the legal authority of the deceased Radhika Singh, who had no right to transfer the ancestral property. The Court emphasized that the plaintiffs, being the sole heirs of Radhika and Sunder, had rightful ownership over the disputed land as no partition had occurred. The judgment reinforced the principle that a sale deed executed by a person without title is void under the provisions of the Transfer of Property Act.

Tulsa & Ors vs Durghatiya & Ors · Niyam