In a recent verdict, the Supreme Court has solidified the significance of registered sale deeds, emphasizing that unilateral changes made post-execution without the knowledge and consent of the other party are to be disregarded.
The bench, comprising Justice Abhay S. Oka and Justice Pankaj Mithal, expounded on Section 47 of the Registration Act, stating that a registered sale deed, where the entire consideration is paid, operates from the date of its execution. The court underscored that any corrections made unilaterally after execution, without the purchaser’s consent, should be dismissed.
The case in question emanated from a dispute over land ownership, with the respondents seeking a declaration of ownership for a property acquired through a sale deed. The appellants had made changes to the deed after its execution, contending that only a portion of the land had been sold.
The trial court ruled in favor of the respondents, asserting that the entire land had been sold, while the appellate court initially favored the appellants, claiming the corrections were bona fide. The second appellate court, however, reinstated the trial court’s decree.
During the proceedings, the appellants argued that the sale’s effectiveness was contingent upon the registration date, emphasizing the content within the registered sale deed. They highlighted a prior agreement for sale, which specifically mentioned the sale of a 1/3rd share.
The court, in its analysis, delved into Section 47 of the Registration Act, clarifying that the provision determines the date from which a registered document operates, not the completion of the sale itself. It affirmed that a registered sale deed, with full consideration paid, operates from the execution date.
The appellants relied on the Ram Saran Lall v. Domini Kuer case, asserting that the sale’s completion occurred upon registration. However, the court differentiated between the completion of the sale and the date of operation of the sale deed, emphasizing that Section 47 addresses the latter.
In conclusion, the Supreme Court upheld the High Court’s decision, dismissing the appeal. The ruling reinforces the importance of adhering to the original terms of a registered sale deed, discouraging unilateral changes after execution.
