Transfer of Property Act, 1882

Supreme Court clarifies limitation for declaration suits in property disputes: Vasantha vs. Rajalakshmi (2024) INSC 109 (13 February 2024)

/ Limitation Act, 1963, Limitation Act, 1963 with Article 58, Limitation Act, 1963 with Article 65, Limitation Act, 1963 with Section 27, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 34, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 19

Supreme Court on Limitation and Declaratory Suits in Property Disputes Date of the Judgment: 13 February 2024 Citation: 2024 INSC 109 Judges: Hrishikesh Roy, J. and Sanjay Karol, J. Can a suit for declaration of property rights be maintained without seeking possession, especially when limitation periods have expired? The Supreme Court of India recently addressed […]

Supreme Court clarifies limitation for declaration suits in property disputes: Vasantha vs. Rajalakshmi (2024) INSC 109 (13 February 2024) Read Post »

Supreme Court Sets Aside Specific Performance in Property Sale Agreement: Alagammal vs. Ganesan (2024)

/ Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c), Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 5, Transfer of Property Act, 1882 with Section 54, Transfer of Property Act, 1882 with Section 55(f)

Supreme Court Sets Aside Specific Performance in Property Sale Agreement: Alagammal vs. Ganesan (2024) LEGAL ISSUE: Whether specific performance of a sale agreement can be granted when the buyer fails to adhere to the stipulated timelines and a subsequent sale to a third party has occurred. CASE TYPE: Civil – Specific Performance of Contract Case

Supreme Court Sets Aside Specific Performance in Property Sale Agreement: Alagammal vs. Ganesan (2024) Read Post »

Supreme Court Decides on the Operative Date of a Registered Sale Deed: Kanwar Raj Singh vs. Gejo (2024)

/ Registration Act, 1908, Registration Act, 1908 with Section 47, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

Supreme Court Decides on the Operative Date of a Registered Sale Deed: Kanwar Raj Singh vs. Gejo (2024) LEGAL ISSUE: Determining the operative date of a registered sale deed when there is a discrepancy between the executed and registered versions. CASE TYPE: Civil Law – Property Dispute Case Name: Kanwar Raj Singh (D) TH. LRS.

Supreme Court Decides on the Operative Date of a Registered Sale Deed: Kanwar Raj Singh vs. Gejo (2024) Read Post »

Supreme Court Remands Property Dispute Case: Sabir Hussain vs. Syed Mohammad Hassan (2023)

/ Adverse Possession, Appellate Procedure, Evidentiary Value of Documents, First Appellate Court, Indian Evidence Act, 1872, Re-appreciation of Evidence, Sale Deed, Transfer of Property Act, 1882, Witness Testimony

Supreme Court Remands Property Dispute Case: Sabir Hussain vs. Syed Mohammad Hassan (2023) LEGAL ISSUE: Whether the High Court erred in reversing the Trial Court’s judgment without proper consideration of evidence in a property dispute case. CASE TYPE: Civil Property Dispute Case Name: Sabir Hussain (Dead) Thr. Lrs. And Ors. vs. Syed Mohammad Hassan (Dead)

Supreme Court Remands Property Dispute Case: Sabir Hussain vs. Syed Mohammad Hassan (2023) 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 clarifies the distinction between assignment and security interest in lease rental discounting: Infrastructure Leasing and Financial Services Ltd vs HDFC Bank Ltd (2023) INSC 929 (19 October 2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 241, Companies Act, 2013 with Section 242, Transfer of Actionable Claims, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 130, Transfer of Property Act, 1882 with Section 5

Supreme Court Clarifies Assignment vs. Security Interest in Lease Rental Agreements Date of the Judgment: 19 October 2023 Citation: (2023) INSC 929 Judges: S. Ravindra Bhat, J., Dipankar Datta, J. Can a lender claim ownership over rental income when a borrower assigns it as security for a loan? The Supreme Court of India recently addressed

Supreme Court clarifies the distinction between assignment and security interest in lease rental discounting: Infrastructure Leasing and Financial Services Ltd vs HDFC Bank Ltd (2023) INSC 929 (19 October 2023) Read Post »

Supreme Court Clarifies Property Transfer in Sale Deed Dispute: Yogendra Prasad Singh vs. Ram Bachan Devi (2023)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 145, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 31, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54, Transfer of Property Act, 1882 with Section 55

Supreme Court Clarifies Property Transfer in Sale Deed Dispute: Yogendra Prasad Singh vs. Ram Bachan Devi (2023) LEGAL ISSUE: Whether a sale deed transfers property title immediately upon execution and registration, or if the transfer is contingent upon the exchange of equivalents, as per the practice of ‘ta khubzul badlain’. CASE TYPE: Civil Case Name:

Supreme Court Clarifies Property Transfer in Sale Deed Dispute: Yogendra Prasad Singh vs. Ram Bachan Devi (2023) Read Post »

Supreme Court Upholds Eviction Based on Possessory Rights from Agreement to Sell: Ghanshyam vs. Yogendra Rathi (2 June 2023)

/ Dipankar Datta, Indian Registration Act, 1908, Indian Registration Act, 1908 with Section 17, Judges, Pankaj Mithal, Possessory Rights, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 53A, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Eviction Based on Possessory Rights from Agreement to Sell: Ghanshyam vs. Yogendra Rathi (2023) LEGAL ISSUE: Whether an agreement to sell, along with a possession memo and receipt of full payment, confers possessory rights sufficient for eviction of the transferor acting as a licensee. CASE TYPE: Civil (Eviction and Mesne Profits) Case

Supreme Court Upholds Eviction Based on Possessory Rights from Agreement to Sell: Ghanshyam vs. Yogendra Rathi (2 June 2023) Read Post »

Supreme Court Upholds Eviction Based on Agreement to Sell and Possessory Rights: Ghanshyam vs. Yogendra Rathi (2023)

/ Dipankar Datta, Indian Registration Act, 1908, Indian Registration Act, 1908 with Section 17, Judges, Pankaj Mithal, Possessory Rights, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 53A, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Eviction Based on Agreement to Sell and Possessory Rights LEGAL ISSUE: Whether an agreement to sell, along with a memo of possession and receipt of full payment, grants sufficient possessory rights to evict a transferor acting as a licensee. CASE TYPE: Civil (Eviction and Property Law) Case Name: Ghanshyam vs. Yogendra Rathi

Supreme Court Upholds Eviction Based on Agreement to Sell and Possessory Rights: Ghanshyam vs. Yogendra Rathi (2023) Read Post »

Supreme Court Remands Land Ownership Dispute: State of Uttarakhand vs. Ravi Kumar (2023)

/ Government Grants Act, 1895, Government Grants Act, 1895 with Section 2, J.K. Maheshwari, Judges, Surya Kant, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 116, U.P. Tenancy Act, 1939, U.P. Tenancy Act, 1939

Supreme Court Remands Land Ownership Dispute: State of Uttarakhand vs. Ravi Kumar (2023) LEGAL ISSUE: Determination of land ownership rights based on a lease agreement and subsequent tenancy claims. CASE TYPE: Civil Law, Land Dispute Case Name: State of Uttarakhand and Anr. vs. Ravi Kumar (Deceased) through LRs and others [Judgment Date]: 18 May 2023

Supreme Court Remands Land Ownership Dispute: State of Uttarakhand vs. Ravi Kumar (2023) Read Post »

Land Ownership Dispute Remanded: Supreme Court Revisits Leasehold Rights in State of Uttarakhand vs. Ravi Kumar (2023)

/ Government Grants Act of 1895, Government Grants Act of 1895 with Section 2(1), Government Grants Act of 1895 with Section 2(2), Government Grants Act of 1895 with Section 2(3), J.K. Maheshwari, Judges, Surya Kant, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 116, UP Zamindari Abolition and Land Reforms Act of 1950, UP Zamindari Abolition and Land Reforms Act of 1950 with Section 130, UP Zamindari Abolition and Land Reforms Act of 1950 with Section 131

Supreme Court Remands Land Ownership Dispute: State of Uttarakhand vs. Ravi Kumar (2023) LEGAL ISSUE: Determination of ownership of land based on leasehold rights and subsequent tenancy claims. CASE TYPE: Civil Law (Land Ownership and Tenancy) Case Name: State of Uttarakhand and Anr. vs. Ravi Kumar (Deceased) through LRs and others [Judgment Date]: 18 May

Land Ownership Dispute Remanded: Supreme Court Revisits Leasehold Rights in State of Uttarakhand vs. Ravi Kumar (2023) Read Post »

Supreme Court Upholds Sale Deed, Rejects ‘Sham Transaction’ Claim: Damodhar Narayan Sawale vs. Tejrao Bajirao Mhaske (2023)

/ C.T. Ravikumar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 9, Indian Registration Act, 1908, Indian Registration Act, 1908 with Section 17, Judges, M.R. Shah, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 with Section 36A, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 with Section 36B, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 5, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Sale Deed, Rejects ‘Sham Transaction’ Claim: Damodhar Narayan Sawale vs. Tejrao Bajirao Mhaske (2023) LEGAL ISSUE: Whether a registered sale deed can be deemed a sham transaction and void based on claims of it being a collateral security for a loan, and the applicability of the Maharashtra Prevention of Fragmentation and Consolidation

Supreme Court Upholds Sale Deed, Rejects ‘Sham Transaction’ Claim: Damodhar Narayan Sawale vs. Tejrao Bajirao Mhaske (2023) Read Post »

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