Transfer of Property Act, 1882 with Section 54

Supreme Court clarifies the scope of Power of Attorney and Agreement to Sell in property transfer: M.S. Ananthamurthy vs. J. Manjula (2025) INSC 273 (27 February 2025)

/ Contract Act, 1872, Contract Act, 1872 with Section 201, Contract Act, 1872 with Section 202, J.B. Pardiwala, Judges, R. Mahadevan, Registration Act, 1908, Registration Act, 1908 with Section 17, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

Date of the Judgment: 27 February 2025 Citation: 2025 INSC 273 Judges: J.B. Pardiwala, J., R. Mahadevan, J. Can a General Power of Attorney (GPA) holder transfer property after the death of the original owner? The Supreme Court of India addressed this critical question in a recent case involving conflicting claims to a property in […]

Supreme Court clarifies the scope of Power of Attorney and Agreement to Sell in property transfer: M.S. Ananthamurthy vs. J. Manjula (2025) INSC 273 (27 February 2025) Read Post »

Supreme Court Upholds Validity of Sale Deed Despite Delayed Registration: Kaushik Premkumar Mishra vs. Kanji Ravaria (2024)

/ Competency to Contract, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 11, Registration Act, 1908, Registration Act, 1908 with Section 17, Registration Act, 1908 with Section 49, Registration Act, 1908 with Section 85, Sale of Immovable Property, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Validity of Sale Deed Despite Delayed Registration: Kaushik Premkumar Mishra vs. Kanji Ravaria (2024) LEGAL ISSUE: Whether a sale deed, duly executed and presented for registration, remains valid despite a significant delay in its actual registration and whether a subsequent purchaser can claim bona fide status if the vendor had already transferred

Supreme Court Upholds Validity of Sale Deed Despite Delayed Registration: Kaushik Premkumar Mishra vs. Kanji Ravaria (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 »

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 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 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 »

Supreme Court Upholds Sale Deed, Settles Land Dispute: Damodhar Narayan Sawale vs. Shri Tejrao Bajirao Mhaske (2023)

/ C.T. Ravikumar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VIII Rule 6A, Code of Civil Procedure, 1908 with Section 9, Counterclaim, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 91, Indian Evidence Act, 1872 with Section 92, 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, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 with Section 9(1), Sale, Transfer of Property, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Sale Deed, Settles Land Dispute: Damodhar Narayan Sawale vs. Shri Tejrao Bajirao Mhaske (2023) LEGAL ISSUE: Validity of a registered sale deed and the applicability of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947. CASE TYPE: Civil Case Name: Damodhar Narayan Sawale (D) through LRs. vs. Shri Tejrao Bajirao

Supreme Court Upholds Sale Deed, Settles Land Dispute: Damodhar Narayan Sawale vs. Shri Tejrao Bajirao Mhaske (2023) Read Post »

Supreme Court Upholds Auction Sale, Rejects Agreement Holder’s Claim in SARFAESI Case: G. Vikram Kumar vs. State Bank of Hyderabad (2 May 2023)

/ C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 226, Judges, M.R. Shah, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Section 13, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Section 17, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54, Transfer of Property Act, 1882 with Section 91

Supreme Court Upholds Auction Sale, Rejects Agreement Holder’s Claim in SARFAESI Case LEGAL ISSUE: Whether an agreement to sale holder can challenge an auction notice under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and claim rights over the property. CASE TYPE: Securitisation and Debt Recovery Case

Supreme Court Upholds Auction Sale, Rejects Agreement Holder’s Claim in SARFAESI Case: G. Vikram Kumar vs. State Bank of Hyderabad (2 May 2023) Read Post »

Supreme Court Upholds Landlord’s Eviction Rights in Property Dispute: Gopi @ Goverdhannath vs. Sri Ballabh Vyas (2022)

/ Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 with Section 10(2)(i), Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 with Section 10(2)(vi), Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 with Section 10(3)(a), C.T. Ravikumar, Indian Registration Act, 1908, Indian Registration Act, 1908 with Section 17, Indira Banerjee, Judges, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 109, Transfer of Property Act, 1882 with Section 54, Transfer of Property Act, 1882 with Section 9

Supreme Court Upholds Landlord’s Eviction Rights in Property Dispute: Gopi @ Goverdhannath vs. Sri Ballabh Vyas (2022) Date of the Judgment: September 22, 2022 Citation: 2022 INSC 446 Judges: Indira Banerjee, J., C.T. Ravikumar, J. (Majority Opinion by C.T. Ravikumar, J.) Can a tenant’s claim of ownership, without any supporting evidence, override a landlord’s registered

Supreme Court Upholds Landlord’s Eviction Rights in Property Dispute: Gopi @ Goverdhannath vs. Sri Ballabh Vyas (2022) Read Post »

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