Transfer of Property Act, 1882

Supreme Court Upholds Injunction Based on Possession: Sunkamma vs. S. Pushparaj (2017)

/ Civil Law, General Power of Attorney, Injunction, Judges, Possession, Property Law, R. Banumathi, R.K. Agrawal, Suits, Transfer of Property Act, 1882

LEGAL ISSUE: Whether a permanent injunction can be granted based on possession of property supported by a General Power of Attorney, even without a registered sale deed. CASE TYPE: Civil (Property Law) Case Name: Sunkamma (D) by LRs. vs. S. Pushparaj (D) by LRs. Judgment Date: 14 December 2017 Date of the Judgment: 14 December […]

Supreme Court Upholds Injunction Based on Possession: Sunkamma vs. S. Pushparaj (2017) Read Post »

Supreme Court Upholds Specific Performance of Land Agreement: Balwant Vithal Kadam vs. Sunil Baburao Kadam (2017)

/ Abhay Manohar Sapre, Bombay Prevention of Fragmentation and Consolidation of Holdings Act, Bombay Prevention of Fragmentation and Consolidation of Holdings Act with Section 31, Judges, Maharashtra Cooperative Societies Act, 1960, Maharashtra Cooperative Societies Act, 1960 with Section 48(d), Navin Sinha, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

LEGAL ISSUE: Whether an agreement to sell land can be specifically enforced despite challenges related to land fragmentation and cooperative society regulations. CASE TYPE: Civil (Specific Performance) Case Name: Balwant Vithal Kadam vs. Sunil Baburao Kadam Judgment Date: 05 December 2017 Date of the Judgment: 05 December 2017 Citation: (2017) INSC 1034 Judges: Abhay Manohar

Supreme Court Upholds Specific Performance of Land Agreement: Balwant Vithal Kadam vs. Sunil Baburao Kadam (2017) Read Post »

Supreme Court settles the evidentiary requirements for proving a sale deed in property possession disputes: Bayanabai Kaware vs. Rajendra S/o Baburao Dhote (23 November 2017)

/ Abhay Manohar Sapre, Evidence Act, 1872, Evidence Act, 1872 with Section 68, Judges, Maharashtra Cooperative Societies Act, Maharashtra Cooperative Societies Act with Section 163(1), Maharashtra Cooperative Societies Act with Section 91, R.K. Agrawal, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 123, Transfer of Property Act, 1882 with Section 54

LEGAL ISSUE: Whether a registered sale deed requires attesting witnesses to be examined to prove the title of the purchaser in a suit for recovery of possession against an encroacher. CASE TYPE: Civil Property Dispute Case Name: Smt.Bayanabai Kaware vs. Rajendra S/o Baburao Dhote Judgment Date: 23 November 2017 Introduction Date of the Judgment: 23

Supreme Court settles the evidentiary requirements for proving a sale deed in property possession disputes: Bayanabai Kaware vs. Rajendra S/o Baburao Dhote (23 November 2017) Read Post »

Supreme Court Upholds Mortgage Validity, Overturns High Court Order in Property Sale Dispute

/ Judges, Mortgage Law, Mortgage Validity, Navin Sinha, Ranjan Gogoi, Rights of Mortgagee, Rights of Mortgagor, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 61, Transfer of Property Act, 1882 with Section 65A, Transfer of Property Act, 1882 with Section 67A

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

Supreme Court Upholds Mortgage Validity, Overturns High Court Order in Property Sale Dispute Read Post »

Supreme Court Upholds Mortgage Validity, Overturns High Court in SBI vs. Metta Chandra Sekhar Rao (2017)

/ Judges, Mortgage Law, Navin Sinha, Ranjan Gogoi, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 61, Transfer of Property Act, 1882 with Section 65A

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

Supreme Court Upholds Mortgage Validity, Overturns High Court in SBI vs. Metta Chandra Sekhar Rao (2017) 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 »

Supreme Court Upholds Gift Deed and Eviction: D.N. Joshi vs. D.C. Harris (2017)

/ A.M. Khanwilkar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Gift (Hiba), Judges, Muslim Law, Order XLI of CPC, Order XLII of CPC, R. Banumathi, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 106, Transfer of Property Act, 1882 with Section 111, Transfer of Property Act, 1882 with Section 129

LEGAL ISSUE: Validity of a gift deed under Muslim Law and its effect on property ownership. CASE TYPE: Civil (Property Law, Eviction) Case Name: D. N. Joshi (D) Thr. LRs. & Others vs. D.C. Harris & Another [Judgment Date]: July 3, 2017 Introduction Date of the Judgment: July 3, 2017 Citation: (2017) INSC 588 Judges:

Supreme Court Upholds Gift Deed and Eviction: D.N. Joshi vs. D.C. Harris (2017) Read Post »

Supreme Court Upholds Extinguishment of Redemption Right After Auction Sale: Allokam Peddabbayya vs. Allahabad Bank (2017)

/ Code of Civil Procedure, Code of Civil Procedure with Order XXXIV, Judges, Navin Sinha, Ranjan Gogoi, Rights of Mortgagor, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 60, Transfer of Property Act, 1882 with Section 91

LEGAL ISSUE: Whether the right to redeem a mortgaged property is extinguished after an auction sale and issuance of a sale certificate, even if the purchaser of the equity of redemption was not a party to the foreclosure suit. CASE TYPE: Civil (Mortgage Redemption) Case Name: Allokam Peddabbayya and another vs. Allahabad Bank and others

Supreme Court Upholds Extinguishment of Redemption Right After Auction Sale: Allokam Peddabbayya vs. Allahabad Bank (2017) Read Post »

Mortgage vs. Sale: Supreme Court Decides on Land Transaction in Karnataka (25 April 2017)

/ Abhay Manohar Sapre, Indian Contract Act, Indian Contract Act with Section 65, Judges, Mortgage by Conditional Sale, R.K. Agrawal, Sale with Condition to Repurchase, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58(c)

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

Mortgage vs. Sale: Supreme Court Decides on Land Transaction in Karnataka (25 April 2017) Read Post »

Lease Renewal Not Automatic: Supreme Court Rules in Delhi Development Authority vs. M/S Anant Raj Agencies Pvt. Ltd. (2016)

/ Arun Mishra, Delhi Development Act, 1957, Delhi Development Act, 1957 with Section 21, Delhi Development Act, 1957 with Section 22, Judges, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Public Premises (Eviction of Unauthorised Occupants) Act, 1971 with Section 2(e), Public Premises (Eviction of Unauthorised Occupants) Act, 1971 with Section 2(g), Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 116, V. Gopala Gowda

LEGAL ISSUE: Whether acceptance of rent by a lessor after the expiry of a lease period automatically renews the lease. CASE TYPE: Property Law, Lease Dispute Case Name: Delhi Development Authority vs. M/S Anant Raj Agencies Pvt. Ltd. [Judgment Date]: 12th April, 2016 Can a lease be automatically renewed simply because the landlord accepted rent

Lease Renewal Not Automatic: Supreme Court Rules in Delhi Development Authority vs. M/S Anant Raj Agencies Pvt. Ltd. (2016) Read Post »

Supreme Court Upholds Absolute Gift Under Muslim Law: Sreeramachandra Avadhani vs. Shaik Abdul Rahim (2014)

/ Conditional Gifts, Corpus and Usufruct, Gift (Hiba), Jagdish Singh Khehar, Judges, Muslim Law, Rohinton Fali Nariman, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 5

LEGAL ISSUE: Whether a gift of property under Muslim law, with conditions restricting its use or disposal, is valid. CASE TYPE: Civil Law – Property Law, Gift under Muslim Law Case Name: V. Sreeramachandra Avadhani (D) BY L.RS. vs. Shaik Abdul Rahim & Anr. [Judgment Date]: 21 August 2014 Introduction Date of the Judgment: 21

Supreme Court Upholds Absolute Gift Under Muslim Law: Sreeramachandra Avadhani vs. Shaik Abdul Rahim (2014) Read Post »

Supreme Court Upholds Denial of Specific Performance in Property Dispute: S. Abdul Khader vs. Abdul Wajid (2008)

/ Altamas Kabir, Judges, Markandey Katju, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 19, Specific Relief Act, 1963 with Section 20, Specific Relief Act, 1963 with Section 21, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 43, Transfer of Property Act, 1882 with Section 52

Date of the Judgment: 11 September 2008 Judges: Altamas Kabir, J., Markandey Katju, J. In a dispute over the specific performance of a sale agreement, can a court enforce the agreement if the seller lacked the authority to enter into it? The Supreme Court of India addressed this critical question in the case of S.

Supreme Court Upholds Denial of Specific Performance in Property Dispute: S. Abdul Khader vs. Abdul Wajid (2008) Read Post »

Scroll to Top