Transfer of Property Act Archives

Can arrears of maintenance, being property of the wife, devolve on the husband after wife’s death? Madras High Court answers

Madras High Court said that after divorce when the spouses have ceased to be husband and wife, proprietary right of both the spouses also get affected.

unregistered agreement to sell as evidence

Case Briefs Supreme Court

Unregistered agreement to sell an admissible evidence in a suit for specific performance; Supreme Court upholds Madras High Court Judgment

Supreme Court said that as per proviso to Section 49 of the Registration Act, 1908 an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, subject to Section 17(1A) of the Registration Act.

Case Briefs Supreme Court

Non-impleading of all legal representatives won’t abate the suit if the estate of the deceased is substantially represented by other defendants

Placing its reliance on Bhurey Khan v Yaseen Khan 1995 Supp (3) SCC 331, the Bench stated that the suit will not abate for the reason of non-substitution of all legal representatives of the deceased if the suit was substantially represented.

Case Briefs High Courts

Unilateral action of bank withholding security documents is illegal and arbitrary: Kerala High Court

Kerala High Court held that once loan is repaid, the bank is not entitled to withhold the title deed merely on the grounds that the petitioner has transferred the property during the subsistence of mortgage.

Case Briefs District Court

“Claim based on oral agreement is outrightly unacceptable”; Gurgaon District Court dismisses Property Suit

While dealing with a suit for execution of sale deed of property filed in 2014, which was allegedly bought in 1992 through oral agreement, the Gurgaon District Court found the same based on forged and fabricated documents and refused to allow the claim.

Case Briefs Supreme Court

Effect of estoppel cannot be warded off by persons claiming through the one whose conduct generated such estoppel: Supreme Court

In a suit property where father executed a release deed for relinquishment of rights for valuable consideration, Supreme Court held that the effect of principle of estoppel cannot be warded off by appellants claiming through their father whose conduct generated this estoppel.

Case Briefs High Courts

First proviso to Rule 55-A of TN Registration Rules ultra vires and unconstitutional to the Registration Act, as well as the substantive provisions of TP Act: Madras High Court

Madras High Court said that Rule 55-A is delegated legislation which cannot go beyond the scope of the Parent Act viz., the Registration Act as well the Transfer of Property Act which is the substantive law governing the transfer of immovable properties. Hence, it is held that the first proviso is clearly ultra vires and unconstitutional.

Case Briefs Supreme Court

Section 51 of the Transfer of Property Act applies on transferee who makes improvements in good faith on a property, believing himself to be its absolute owner: Supreme Court

Supreme Court upheld the Himachal Pradesh High Court’s order holding the respondent as the owner of the encroached land, as an encroacher cannot claim benefit of Section 51 of the Transfer of Property Act, 1882.

Op Eds OP. ED.

Re-examining the Interpretation of Section 10 of the Transfer of Property Act, 1882

by Rakshit Agarwal†

Case Briefs Supreme Court

Supreme Court| Suit for damages concerning balance land cannot be barred by Section 34 of SARFAESI Act

Supreme Court: In an appeal against the judgment passed by the Kerala High Court, wherein it has set aside the

Akaant Mittal Experts Corner

Differentiating between Statutory vis-à-vis Contractual Charge Holders — Relevance During Liquidation — Initial Discussion

by Akaant Kumar Mittal†

Cite as: 2022 SCC OnLine Blog Exp 78

Case Briefs Supreme Court

CPC Order XV Rule 5| Mere denial of landlord-tenant relationship doesn’t grant tenant a holiday from duty to pay rent/damages: SC

Supreme Court: The Division Bench of Dinesh Maheshwari* and Aniruddha Bose, JJ., held that in cases disclosing deliberate defiance and elective non-performance

Case Briefs High Courts

Del HC | “Court has to cut through the web of pleas spun in the written statement”. When should a decree on admissions be passed in a property dispute? Read how the Court refused to allow abuse of its process

Delhi High Court: Rajiv Sahai Endlaw, J., passed a decree for recovery of possession in favour of the plaintiffs without a trial,

Case Briefs High Courts

Bom HC | Can Court revoke a ‘conditional gift deed’ on non-compliance of an undertaking in light of which the said deed was executed?

Bombay High Court: A.K. Menon, J., addressed a matter wherein an arrangement was executed between the parties for taking care of the

Op Eds OP. ED.

Lease: Renewal Thereof

by Achal Gupta*

Case Briefs High Courts

Ker HC | When can an encumbrance be lifted from an immovable property under S. 57 of the Transfer of Property Act? [Exhaustive Brief]

A very efficacious, substantive and procedural mechanism to facilitate the realisation of deserving and intrinsic value of encumbered estates and other immovable