Transfer of Property Act, 1882

Supreme Court Upholds Property Rights: Andhra Pradesh Industrial Infrastructure Corporation vs. S.N. Raj Kumar (2018)

/ A.K. Sikri, Ashok Bhushan, Contract Law, Indian Contract Act, 1872, Judges, Property Law, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 10, Transfer of Property Act, 1882 with Section 5, Transfer of Property Act, 1882 with Section 8

Supreme Court Upholds Property Rights: Andhra Pradesh Industrial Infrastructure Corporation vs. S.N. Raj Kumar (2018) LEGAL ISSUE: Whether a seller can enforce conditions from an allotment letter after executing a sale deed, transferring absolute ownership of property. CASE TYPE: Property Law/Contract Law Case Name: The Andhra Pradesh Industrial Infrastructure Corporation Limited and Others vs. S.N. […]

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Supreme Court Upholds Property Rights: Kedar Nath Kohli vs. Baldev Singh (27 March 2018)

/ Judges, Mohan M. Shantanagoudar, Property Dispute, Property Law, R.K. Agrawal, Sale Deed, Title of Property, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54, Transfer of Property Act, 1882 with Section 55

Supreme Court Upholds Property Rights: Kedar Nath Kohli vs. Baldev Singh (2018) LEGAL ISSUE: Dispute over ownership of a property based on conflicting sale deeds. CASE TYPE: Civil Property Dispute Case Name: Kedar Nath Kohli (Dead) by LRs. vs. Baldev Singh Judgment Date: 27 March 2018 Introduction Date of the Judgment: 27 March 2018 Citation:

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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

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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

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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 Mortgage vs. Sale with Repurchase Option: Suraj Narain Kapoor vs. Pradeep Kumar (2017)

/ Judges, Mortgage by Conditional Sale, Navin Sinha, Ranjan Gogoi, Sale with Option to Repurchase, Transfer of Property Act, Transfer of Property Act with Section 58(c)

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

Supreme Court Clarifies Mortgage vs. Sale with Repurchase Option: Suraj Narain Kapoor vs. Pradeep Kumar (2017) Read Post »

Supreme Court Upholds Specific Performance of Agreement: Nadiminti Suryanarayan Murthy vs. Kothurthi Krishna Bhaskara Rao (2017)

/ Abhay Manohar Sapre, Contract Law, Contract Law with Section 16(c), Contract Law with Section 65, Judges, Lis Pendens, Property Law, Property Law with Section 52, R.K. Agrawal, Specific Performance

Can a prior agreement to sell property be nullified by a subsequent sale? The Supreme Court of India addressed this question in a case involving a dispute over a house sale agreement. The Court examined the validity of competing agreements and the readiness of the parties to fulfill their obligations. This case highlights the importance

Supreme Court Upholds Specific Performance of Agreement: Nadiminti Suryanarayan Murthy vs. Kothurthi Krishna Bhaskara 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:

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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 »

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