Topic
Karnataka High Court holds that a sale deed executed by an unauthorized person under fraud is void ab initio, nullifying all subsequent judicial decrees. The ruling reinforces that fraud vitiates all legal proceedings, including those attaining finality, and res judicata does not apply to void transactions.
The Madras High Court has firmly ruled that Registration Departments lack the legal authority to cancel registered sale deeds, even when fraud is alleged. This clarifies that only a civil court can adjudicate the validity of registered documents, reinforcing the separation between administrative registration functions and judicial remedies in property disputes.
Punjab and Haryana High Court holds that in transactions involving illiterate pardanashin women, the burden shifts to the beneficiary to prove informed consent, invalidating a Power of Attorney obtained by fraud.
Bombay High Court holds that post-purchase division of flats without documentary proof or society approval cannot establish ownership; natural justice violations must be proven, not presumed.