Transfer of Property Act, 1882

Supreme Court Upholds Family Settlement, Rejects High Court’s View on Registration: Thulasidhara vs. Narayanappa (2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Family Settlement, Judges, L. Nageswara Rao, M.R. Shah, Property Law, Registration Act, 1908, Transfer of Property Act, 1882

Supreme Court Upholds Family Settlement, Rejects High Court’s View on Registration: Thulasidhara vs. Narayanappa (2019) LEGAL ISSUE: Whether an unregistered family settlement document requires mandatory registration to be admissible as evidence and whether a party can challenge a sale deed without filing a separate suit. CASE TYPE: Civil (Property Dispute) Case Name: Thulasidhara & Another […]

Supreme Court Upholds Family Settlement, Rejects High Court’s View on Registration: Thulasidhara vs. Narayanappa (2019) Read Post »

Supreme Court clarifies distinction between mortgage by conditional sale and sale with repurchase option in property dispute: Dharmaji Shankar Shinde vs. Rajaram Shripad Joshi (23 April 2019)

/ Judges, Mortgage by Conditional Sale, R. Banumathi, R. Subhash Reddy, Sale with Condition to Repurchase, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58

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

Supreme Court clarifies distinction between mortgage by conditional sale and sale with repurchase option in property dispute: Dharmaji Shankar Shinde vs. Rajaram Shripad Joshi (23 April 2019) 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 Mortgage by Conditional Sale Despite Separate Agreement: Atul Chandra Das vs. Rabindra Nath Bhattacharya (2019)

/ Ashok Bhushan, Bengal Money-Lenders Act, 1940, Bengal Money-Lenders Act, 1940 with Section 37(a), Constitutional Law, Constitutional Law with Article 254, Judges, K.M. Joseph, Mortgage Law, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58(c)

Supreme Court Upholds Mortgage by Conditional Sale Despite Separate Agreement: Atul Chandra Das vs. Rabindra Nath Bhattacharya (2019) LEGAL ISSUE: Whether a transaction can be deemed a mortgage by conditional sale when the condition for re-transfer is in a separate document, despite Section 58(c) of the Transfer of Property Act, 1882. CASE TYPE: Property Law/Mortgage

Supreme Court Upholds Mortgage by Conditional Sale Despite Separate Agreement: Atul Chandra Das vs. Rabindra Nath Bhattacharya (2019) Read Post »

Supreme Court clarifies the transfer of Bhumidhari rights in Uttar Pradesh land dispute: Rakesh & Ors. vs. Board of Revenue U.P. & Ors. (2019)

/ Ashok Bhushan, Judges, K.M. Joseph, Land Laws, Land Laws with Section 134, Land Laws with Section 73, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 43, U.P. Zamindari Abolition and Land Reforms Act, 1950

Supreme Court Clarifies Bhumidhari Rights Transfer in Land Dispute LEGAL ISSUE: Whether a sale deed for land is valid if executed by a Sirdar tenant before the grant of a Bhumidhari Sanad, and the effect of the Uttar Pradesh Land Laws (Amendment) Act, 1977 on pending applications for Bhumidhari rights. CASE TYPE: Civil Law, Land

Supreme Court clarifies the transfer of Bhumidhari rights in Uttar Pradesh land dispute: Rakesh & Ors. vs. Board of Revenue U.P. & Ors. (2019) Read Post »

Arbitrability of Landlord-Tenant Disputes: Supreme Court Refers Issue to Larger Bench in Vidya Drolia vs. Durga Trading Corporation (28 February 2019)

/ Arbitration & Conciliation Act, 1996, Arbitration & Conciliation Act, 1996 with Section 11(6A), Determination of Lease, Judges, Jurisdiction of Arbitral Tribunal, R.F. Nariman, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 111, Transfer of Property Act, 1882 with Section 114, Vineet Saran

Supreme Court Clarifies Arbitrability of Landlord-Tenant Disputes Under Transfer of Property Act: Vidya Drolia vs. Durga Trading Corporation (2019) LEGAL ISSUE: Whether disputes between a landlord and tenant under the Transfer of Property Act, 1882, are arbitrable. CASE TYPE: Arbitration Law, Property Law Case Name: Vidya Drolia & Ors. vs. Durga Trading Corporation Judgment Date:

Arbitrability of Landlord-Tenant Disputes: Supreme Court Refers Issue to Larger Bench in Vidya Drolia vs. Durga Trading Corporation (28 February 2019) Read Post »

Supreme Court Upholds Gift Deed Validity: Jagdish Chander vs. Satish Chander (27 February 2019)

/ Code of Civil Procedure, Code of Civil Procedure with Section 100, Gifts, Judges, R. Banumathi, R. Subhash Reddy, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 122

Supreme Court Upholds Gift Deed Validity: Jagdish Chander vs. Satish Chander (2019) LEGAL ISSUE: Whether a registered gift deed can be invalidated on the grounds of alleged consideration, when the document itself indicates that the mentioned amount is for valuation purposes only. CASE TYPE: Civil Law – Property Dispute Case Name: Jagdish Chander vs. Satish

Supreme Court Upholds Gift Deed Validity: Jagdish Chander vs. Satish Chander (27 February 2019) Read Post »

Supreme Court allows slum redevelopment despite lease claim: Lullu Vas vs. State of Maharashtra (22 February 2019)

/ Contracts by Municipal Corporation, Judges, Lease of Immovable Property, Maharashtra Slum Areas Act, 1971, Maharashtra Slum Areas Act, 1971 with Provisions for Slum Dwellers, Mohan M. Shantanagoudar, Mumbai Municipal Corporation Act, 1888, Mumbai Municipal Corporation Act, 1888 with Sections 70 and 71, N.V. Ramana, Slum Redevelopment Schemes, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 107

Supreme Court allows slum redevelopment despite lease claim: Lullu Vas vs. State of Maharashtra (2019) LEGAL ISSUE: Whether a claim of leasehold rights can prevent the implementation of a slum redevelopment scheme under the Maharashtra Slum Areas Act, 1971. CASE TYPE: Civil Appeal (Slum Redevelopment) Case Name: Lullu Vas (Since Deceased) Through Lrs vs. State

Supreme Court allows slum redevelopment despite lease claim: Lullu Vas vs. State of Maharashtra (22 February 2019) Read Post »

Supreme Court Upholds Unearned Increase on Leasehold Property Transfers: DDA vs. Karamdeep Finance (2019)

/ Ashok Bhushan, Government Grants, Income Tax Act, 1961, Income Tax Act, 1961 with Section 269UD, Income Tax Act, 1961 with Section 269UE, Judges, K.M. Joseph, Leasehold Rights, Property Law, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 111

Supreme Court Upholds Unearned Increase on Leasehold Property Transfers: DDA vs. Karamdeep Finance (2019) LEGAL ISSUE: Whether an auction purchaser of a leasehold property is liable to pay unearned increase to the Delhi Development Authority (DDA). CASE TYPE: Property Law, specifically concerning leasehold rights and government auctions. Case Name: Delhi Development Authority vs. M/s. Karamdeep

Supreme Court Upholds Unearned Increase on Leasehold Property Transfers: DDA vs. Karamdeep Finance (2019) Read Post »

Mortgage Extinguishment: Supreme Court Upholds High Court Decision in Gowramma vs. Kalingappa (2019)

/ Judges, L. Nageswara Rao, M. R. Shah, Mortgage, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 60

Supreme Court on Mortgage Redemption: Gowramma vs. Kalingappa (2019) Date of the Judgment: 08 February 2019 Citation: (2019) INSC 123 Judges: L. Nageswara Rao, J. and M. R. Shah, J. Can a mortgage be considered extinguished if the mortgagee receives the mortgage amount and possession is handed over, even without a formal endorsement on the

Mortgage Extinguishment: Supreme Court Upholds High Court Decision in Gowramma vs. Kalingappa (2019) Read Post »

Supreme Court Clarifies Effect of Agreement to Sell on Tenancy: Dr. H.K. Sharma vs. Shri Ram Lal (2019)

/ Abhay Manohar Sapre, Agreement to Sell and Tenancy, Determination of Leases, Dinesh Maheshwari, Eviction of Tenant, Judges, Landlord and Tenant Law, Surrender of Tenancy, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 111

Supreme Court Clarifies Effect of Agreement to Sell on Tenancy: Dr. H.K. Sharma vs. Shri Ram Lal (2019) LEGAL ISSUE: Whether an agreement to sell between a landlord and tenant automatically terminates the tenancy. CASE TYPE: Civil (Landlord-Tenant Dispute) Case Name: Dr. H.K. Sharma vs. Shri Ram Lal [Judgment Date]: January 28, 2019 Date of

Supreme Court Clarifies Effect of Agreement to Sell on Tenancy: Dr. H.K. Sharma vs. Shri Ram Lal (2019) Read Post »

Supreme Court Upholds Sale Deed, Rejects Oral Gift Claim in Property Dispute: Jamila Begum vs. Shami Mohd. (2018)

/ Indira Banerjee, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 58, Limitation Act, 1963 with Article 59, Mohammedan Law, Mortgage, Oral Gift, R. Banumathi, Sale Deed, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 60

Supreme Court Upholds Sale Deed, Rejects Oral Gift Claim in Property Dispute: Jamila Begum vs. Shami Mohd. (2018) LEGAL ISSUE: Validity of a sale deed versus an oral gift in a property dispute. CASE TYPE: Civil Property Law. Case Name: Jamila Begum (D) Thr. Lrs. vs. Shami Mohd. (D) Thr. Lrs. & Another. [Judgment Date]:

Supreme Court Upholds Sale Deed, Rejects Oral Gift Claim in Property Dispute: Jamila Begum vs. Shami Mohd. (2018) Read Post »

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