In Ramesh Chand (D) Thr.Lrs vs Suresh Chand decided on 1 September 2025, the Court held that wills must be proven strictly to section 63 of the Succession Act, 1925 and section 68 of the Evidence Act, 1872. Mere registration does not validate it.
A bench of Justices Aravind Kumar and Sandeep Mehta dealt with the case wherein the plaintiff claimed title through a GPA, Agreement to Sell, Affidavit, Receipt, and a registered Will, alleging that one of the defendants was a trespasser who later sold half the property to another defendant. Defendant denied this, asserting an oral transfer in 1973 and sought to declare the plaintiff’s documents invalid.
The Supreme Court held that GPA/Agreement to Sell transactions do not create ownership rights, reaffirming the principle laid down in Suraj Lamp & Industries (P) Ltd. v. State of Haryana, and further clarified that title in immovable property can pass only by a registered sale deed. Furthermore, the requirements under the Succession Act and Evidence Act must be fulfilled.
The Court also deliberated upon the scope of section 53 and 54 of the Transfer of Property Act, 1882. The Court reaffirmed that under Section 54 TPA, only a registered sale deed conveys ownership of immovable property. These documents, at most, grant the buyer the right to demand specific performance of the agreement. Therefore, until a legally executed and registered conveyance deed is made, ownership stays with the transferor. This restricts the use of the part-performance defence under Section 53A TPA to situations in which the transferee has possession.
