Kanwar Raj Singh (D) Th. Lrs. Vs Gejo. (D) Th. Lrs & Ors. (Supreme Court of India)
Supreme Court of India has ruled that unilateral alterations made to a sale deed after its execution but before its registration are invalid and do not affect the original terms of the deed. The Court clarified the operation of Section 47 of the Registration Act, 1908, stating that a registered document operates from the date of its execution, not registration, for determining the rights conveyed.
The case, Kanwar Raj Singh (D) Th. Lrs. Vs Gejo. (D) Th. Lrs & Ors., involved a dispute over land measuring 71 kanals 8 marlas. The original plaintiff, Smt. Gejo, claimed ownership based on a sale deed executed by the first defendant, Kanwar Raj Singh, on June 6, 1975, and registered on July 23, 1975.
According to Smt. Gejo, the sale deed, as executed, conveyed the entire 71 kanals 8 marlas. However, before the deed was registered, the first defendant allegedly interpolated the document, adding text to suggest that only a 1/3rd share, measuring 23 kanals and 8 marlas, was being sold.
The first defendant contested the suit, asserting that only his 1/3rd share was intended to be sold and that the correction made before registration was legitimate and not fraudulent.
