Registration Act, 1908 with Section 49

Supreme Court Upholds Validity of Sale Deed Despite Delayed Registration: Kaushik Premkumar Mishra vs. Kanji Ravaria (2024)

/ Competency to Contract, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 11, Registration Act, 1908, Registration Act, 1908 with Section 17, Registration Act, 1908 with Section 49, Registration Act, 1908 with Section 85, Sale of Immovable Property, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Validity of Sale Deed Despite Delayed Registration: Kaushik Premkumar Mishra vs. Kanji Ravaria (2024) LEGAL ISSUE: Whether a sale deed, duly executed and presented for registration, remains valid despite a significant delay in its actual registration and whether a subsequent purchaser can claim bona fide status if the vendor had already transferred […]

Supreme Court Upholds Validity of Sale Deed Despite Delayed Registration: Kaushik Premkumar Mishra vs. Kanji Ravaria (2024) Read Post »

Unregistered Sale Agreements Cannot Confer Ownership: Supreme Court Ruling in Property Dispute (01 November 2023)

/ Immovable Property, Registration Act, 1908, Registration Act, 1908 with Section 17, Registration Act, 1908 with Section 49, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

Supreme Court: Unregistered Sale Agreements Cannot Confer Ownership Rights LEGAL ISSUE: Whether an unregistered agreement to sell or a general power of attorney can transfer ownership of immovable property. CASE TYPE: Civil Property Dispute Case Name: Shakeel Ahmed vs. Syed Akhlaq Hussain Judgment Date: 01 November 2023 Introduction Date of the Judgment: 01 November 2023

Unregistered Sale Agreements Cannot Confer Ownership: Supreme Court Ruling in Property Dispute (01 November 2023) Read Post »

Supreme Court Upholds Partition Suit, Invalidates Sale by Power of Attorney Holder: Umadevi Nambiar vs. Thamarasseri Roman Catholic Diocese (2022) INSC 259

/ Hemant Gupta, Judges, Ostensible Owner, Registration Act, 1908, Registration Act, 1908 with Section 49, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 3, Transfer of Property Act, 1882 with Section 41, V. Ramasubramanian

Supreme Court Upholds Partition Suit, Invalidates Sale by Power of Attorney Holder Date of the Judgment: April 1, 2022 Citation: (2022) INSC 259 Judges: Hemant Gupta, J. and V. Ramasubramanian, J. Can a person who holds a general power of attorney sell a property if the document does not explicitly grant them the power to

Supreme Court Upholds Partition Suit, Invalidates Sale by Power of Attorney Holder: Umadevi Nambiar vs. Thamarasseri Roman Catholic Diocese (2022) INSC 259 Read Post »

Supreme Court Upholds Prior Partition of Joint Family Property: K. Arumuga Velaiah vs. P.R. Ramasamy (27 January 2022)

/ B.R. Gavai, B.V. Nagarathna, Civil Procedure, Civil Procedure with Order 7 Rule 11, Judges, L. Nageswara Rao, Registration Act, 1908, Registration Act, 1908 with Section 17(1)(e), Registration Act, 1908 with Section 49, Res Judicata

Supreme Court Upholds Prior Partition of Joint Family Property: K. Arumuga Velaiah vs. P.R. Ramasamy (2022) LEGAL ISSUE: Whether a suit for partition is maintainable when a prior partition of joint family property has been established. CASE TYPE: Civil Law – Property Partition Case Name: K. Arumuga Velaiah vs. P.R. Ramasamy and Anr. [Judgment Date]:

Supreme Court Upholds Prior Partition of Joint Family Property: K. Arumuga Velaiah vs. P.R. Ramasamy (27 January 2022) Read Post »

Supreme Court Upholds Prior Partition in Family Property Dispute: K. Arumuga Velaiah vs. P.R. Ramasamy (27 January 2022)

/ B.R. Gavai, B.V. Nagarathna, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 11, Judges, L. Nageswara Rao, Registration Act, 1908, Registration Act, 1908 with Section 17(1)(e), Registration Act, 1908 with Section 17(2)(v), Registration Act, 1908 with Section 49, Res Judicata

Supreme Court Upholds Prior Partition in Family Property Dispute: K. Arumuga Velaiah vs. P.R. Ramasamy (2022) LEGAL ISSUE: Whether a prior family partition, even if based on an unregistered arbitration award, bars a subsequent suit for partition of the same properties. CASE TYPE: Civil Property Dispute Case Name: K. Arumuga Velaiah vs. P.R. Ramasamy and

Supreme Court Upholds Prior Partition in Family Property Dispute: K. Arumuga Velaiah vs. P.R. Ramasamy (27 January 2022) Read Post »

Supreme Court allows unregistered family settlement as corroborative evidence in property dispute: Korukonda Chalapathi Rao & Anr. vs. Korukonda Annapurna Sampath Kumar (2021)

/ Family Settlement, Judges, K.M. Joseph, Property Law, Registration Act, 1908, Registration Act, 1908 with Section 17, Registration Act, 1908 with Section 49, S. Ravindra Bhat

Supreme Court Allows Unregistered Family Settlement as Corroborative Evidence in Property Dispute LEGAL ISSUE: Whether an unregistered family settlement document can be used as corroborative evidence in a property dispute. CASE TYPE: Civil (Property Dispute) Case Name: Korukonda Chalapathi Rao & Anr. vs. Korukonda Annapurna Sampath Kumar [Judgment Date]: October 1, 2021 Can an unregistered

Supreme Court allows unregistered family settlement as corroborative evidence in property dispute: Korukonda Chalapathi Rao & Anr. vs. Korukonda Annapurna Sampath Kumar (2021) Read Post »

Supreme Court settles the need for notice under Section 106 of the Transfer of Property Act in lease disputes: Sevoke Properties Ltd. vs. West Bengal State Electricity Distribution Company Ltd. (2019)

/ Dhananjaya Y Chandrachud, Hemant Gupta, Judges, Lease, Registration Act, 1908, Registration Act, 1908 with Section 17, Registration Act, 1908 with Section 49, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 106, Transfer of Property Act, 1882 with Section 107

Supreme Court Settles the Need for Notice Under Section 106 of the Transfer of Property Act in Lease Disputes: Sevoke Properties Ltd. vs. West Bengal State Electricity Distribution Company Ltd. (2019) Date of the Judgment: April 11, 2019 Citation: 2019 INSC 377 Judges: Dr Dhananjaya Y Chandrachud, J, Hemant Gupta, J. Can a suit for

Supreme Court settles the need for notice under Section 106 of the Transfer of Property Act in lease disputes: Sevoke Properties Ltd. vs. West Bengal State Electricity Distribution Company Ltd. (2019) Read Post »

Supreme Court Upholds Coparcenary Rights in Ancestral Property: Shyam Narayan Prasad vs. Krishna Prasad (2 July 2018)

/ Abhay Manohar Sapre, Judges, Registration Act, 1908, Registration Act, 1908 with Section 17, Registration Act, 1908 with Section 49, S. Abdul Nazeer, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 118, Transfer of Property Act, 1882 with Section 53A, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Coparcenary Rights in Ancestral Property: Shyam Narayan Prasad vs. Krishna Prasad (2018) LEGAL ISSUE: Whether property obtained in a partition of ancestral property remains coparcenary property with rights for lineal descendants. CASE TYPE: Civil Law – Property Rights. Case Name: Shyam Narayan Prasad vs. Krishna Prasad and Ors. Judgment Date: 2 July

Supreme Court Upholds Coparcenary Rights in Ancestral Property: Shyam Narayan Prasad vs. Krishna Prasad (2 July 2018) Read Post »

Supreme Court Clarifies Tax Implications of Unregistered Joint Development Agreements: Commissioner of Income Tax vs. Balbir Singh Maini (2017) INSC 859 (04 October 2017)

/ Capital Gains, Income Tax Act, 1961, Income Tax Act, 1961 with Section 2(47), Income Tax Act, 1961 with Section 45, Judges, R.F. Nariman, Registration Act, 1908, Registration Act, 1908 with Section 17(1A), Registration Act, 1908 with Section 49, Sanjay Kishan Kaul, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 53A

LEGAL ISSUE: Whether an unregistered Joint Development Agreement (JDA) constitutes a “transfer” under Section 2(47)(v) of the Income Tax Act, 1961, making it liable for capital gains tax. CASE TYPE: Income Tax Law Case Name: Commissioner of Income Tax vs. Balbir Singh Maini [Judgment Date]: 04 October 2017 Introduction Date of the Judgment: 04 October

Supreme Court Clarifies Tax Implications of Unregistered Joint Development Agreements: Commissioner of Income Tax vs. Balbir Singh Maini (2017) INSC 859 (04 October 2017) Read Post »

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