Reviewed case brief
Ram Sarup v Munshi
AIR 1963 SC 553
The Supreme Court held that a registered sale deed enjoys a strong presumption of genuineness and validity. A party seeking to challenge the deed as fictitious or nominal bears a heavy burden of proof, and mere oral evidence without strong corroboration is insufficient to displace the statutory pres
- Court
- Supreme Court of India
- Year
- 1963
- Subjects
- Land Laws
- Reviewed
- 2026-06-18
Rule established
A registered sale deed carries a strong presumption of validity as to title; the burden of proving it to be a sham or nominal lies on the party challenging it
Facts
- Ram Sarup executed a registered sale deed in favour of the respondent transferring immovable property
Issues
Held
- A **registered sale deed carries a presumption** of validity under Sections 68 and 90 of the Indian Evidence Act 1872
Ratio decidendi
A registered document of title carries a strong statutory presumption of genuineness and proper execution. The party alleging that the registered deed is a sham, nominal, or does not represent the true transaction bears the heavy burden of proving so by clear and convincing evidence, preferably documentary. Mere oral assertions are inadequate to displace this presumption.
How to use it in an exam
- Use when discussing evidentiary presumptions attaching to registered title deeds
Editorial source
AIR 1963 SC 553; verified via SCC Online
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.