Transfer of Property Act, 1882 with Section 65A

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 »

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