Sale with Condition to Repurchase Archives

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)

April 23, 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 »

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

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