Orissa State Financial Corporation vs. Sukanti Mohapatra: Supreme Court Upholds Loan Recovery Process Date of the Judgment: 21 March 2024 Citation: 2024 INSC 256 Judges: Sanjiv Khanna, J., Dipankar Datta, J. Can a financial corporation proceed with the sale of a mortgaged property when a borrower defaults on loan repayment? The Supreme Court of India […]
Tenant’s Right to Appeal Ownership: Supreme Court Decision in Mohan Chandra Tamta vs. Ali Ahmad (2019) LEGAL ISSUE: Can a tenant appeal a court’s finding on property ownership when the claimed owner (mortgagee) has not challenged that finding? CASE TYPE: Civil Law – Property Dispute Case Name: Mohan Chandra Tamta (Dead) Thr. Lrs. vs. Ali
Supreme Court Upholds Mortgage by Conditional Sale Despite Separate Agreement: Atul Chandra Das vs. Rabindra Nath Bhattacharya (2019) LEGAL ISSUE: Whether a transaction can be deemed a mortgage by conditional sale when the condition for re-transfer is in a separate document, despite Section 58(c) of the Transfer of Property Act, 1882. CASE TYPE: Property Law/Mortgage
Supreme Court Rules on Adverse Possession in Mortgage Dispute Date of the Judgment: September 18, 2018 Citation: Civil Appeal No. 4985 of 2010 Judges: Uday Umesh Lalit, J. and Sanjay Kishan Kaul, J. Can a person in possession of a property, initially as a mortgagee, claim ownership through adverse possession if their status changes to
Adverse Possession Claim Upheld: Supreme Court Resolves Mortgage Dispute (2018) Read Post »
Can a High Court invalidate a property sale based on a belated challenge to the mortgage’s validity? The Supreme Court of India recently addressed this question, overturning a High Court decision that had set aside a sale certificate. The case involved a dispute over a property sale where the validity of the underlying mortgage was
Can a mortgagor’s waiver of rights under the Transfer of Property Act, 1882, invalidate a mortgage if not registered? The Supreme Court of India addressed this crucial question in a recent case concerning a loan dispute. The Court overturned the High Court’s decision, upholding the validity of the mortgage. This case highlights the importance of
Introduction Date of the Judgment: 19th February 2008 Citation: Appeal (civil) 912 of 1999 Judges: Tarun Chatterjee, J. and A.K. Mathur, J. When a person who has mortgaged their property wants to get it back, can they be stopped because not all family members of the person who lent the money are involved in the
