A Consent Decree Does Not Require Registration If It Confirms A Pre-Existing Right In Property

INTRODUCTION:

The Supreme Court in its recent decision in Khushi Ram and Others Vs Nawal Singh and Others¹ held that a consent decree does not require registration under Section 17(2)(vi) of the Indian Registration Act, 1908 if it confirms a pre-existing right in property.

FACTS:

One Badlu, who was the tenure-holder of an agricultural land situated in Village Garhi Bajidpur, Tehsil and District Gurgaon, had two sons Bali Ram and Sher Singh.

Sher Singh died in the year 1953 issueless leaving his widow Smt. Jagno.

The Appellants (Original Plaintiffs in Suit No. 79 of 1991) are descendants of Bali Ram.

After the death of Sher Singh, his widow inherited the share of her late husband, i.e., the half share of the agricultural property originally owned by Badlu.