Supreme Court Upholds Mortgage by Conditional Sale: Leela Agrawal vs. Sarkar & Anr. (2024) LEGAL ISSUE: Whether a mortgage deed with a clause converting it into a sale upon default of payment is a mortgage by conditional sale or a simple mortgage. CASE TYPE: Property Law. Case Name: Leela Agrawal vs. Sarkar & Anr. Judgment […]
Supreme Court Clarifies Mortgage by Conditional Sale: Sopan vs. Syed Nabi (2019) Date of the Judgment: July 16, 2019 The Supreme Court of India addressed a critical question regarding the interpretation of sale deeds and related agreements in the context of mortgage by conditional sale. The core issue revolved around whether a sale deed, accompanied
Supreme Court Clarifies Mortgage by Conditional Sale: Sopan vs. Syed Nabi (2019) Read Post »
Supreme Court clarifies distinction between mortgage by conditional sale and sale with repurchase option LEGAL ISSUE: Whether a transaction is a mortgage by conditional sale or a sale with a condition to repurchase when the sale and agreement to repurchase are in the same document. CASE TYPE: Property Law Case Name: Dharmaji Shankar Shinde and
Date of the Judgment: October 24, 2017 Citation: (2017) INSC 834 Judges: Ranjan Gogoi, J., Navin Sinha, J. Can a document that includes a clause for repurchase of property be considered a mortgage, or is it simply a sale with an option to buy back? The Supreme Court of India recently addressed this complex question
Can a document titled “Conditional Sale” be considered a mortgage? The Supreme Court of India recently addressed this question in a property dispute from Karnataka. This case examines the fine line between a conditional sale and a mortgage, impacting property rights. The judgment was delivered by Justices R.K. Agrawal and Abhay Manohar Sapre. Justice Abhay
