Transfer of property Archives

R. 55A(i) Registration Rules ultra vires

SC declares R. 55A(i) of Registration Rules as ultra vires for being inconsistent with provisions of Registration Act, 1908

“No provision under the 1908 Act confers power on any authority to refuse registration of a transfer document on the ground that the documents regarding the title of the vendor are not produced, or if his title is not established”.

Case Briefs Supreme Court

Limitation period for adverse possession commences when possession becomes adverse, not upon plaintiff’s acquisition of ownership: Supreme Court reaffirms

“The evidence on the part of the appellants would reveal that instead of establishing ‘animus possidendi’ under hostile colour of title, they have tendered evidence indicating only permissive possession and at the same time failed to establish the time from which it was converted to adverse to the title of the respondent which is open and continuous for the prescriptive period.”

Case Briefs High Courts

[Specific Performance of Contract] | Sikkim HC finds party’s unwillingness for performance on their part; Discusses scope of Second Appeal under S.100 CPC

Relying on UN Krishnamurthy v. AM Krishnamurthy, the Court stated that the appellant failed to indicate willingness to perform their part of the transaction, as they neither showed nor proved the availability of sufficient funds required to make the payments per the contract

Intelligently executing deed appreciating its interest is valid

Cases Reported Never Reported Judgments

Never Reported Judgment| Validity of mother’s ‘Intelligent’ transfer of property to her second son with full appreciation of its effect over her interests [(1953) 1 SCC 371]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on Section 129 of the Transfer of Property Act,1882.

Experts Corner Tarun Jain (Tax Practitioner)

Tax Authorities’ Empowerment to Annul Property Transfers: A Revisit

by Tarun Jain†

Case Briefs High Courts

Whether the Muslim Personal Law (Shariat) Application Act overrides Karnataka Stamp Act? Karnataka HC answers

The Court noted that what is not expressly recognised in Shariat law is not necessarily something which is forbidden. It may still be in tune with the philosophy of the Quran.

joint estate co-sharer immovable property

Cases Reported Never Reported Judgments

Never Reported Judgment | When a co-sharer in possession of a joint estate disposes of entire property and appropriates sale proceeds, he will be accountable for money to other co-sharers [1951 SCC 122]

“This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on Transfer of Property Act, 1882.”

Case Briefs High Courts

Allahabad High Court| Conditions required for granting permission to a bhumidhar, clearly specified under the U.P Revenue Code and Rules; Other reasons to reject the application, renders discretionary power ultra vires and invalid

Allahabad High Court: In a writ petition filed against the order passed by the Collector under Section 98(1) of U.P.

Case Briefs High Courts

Can officers under Maharashtra Money Lending Act, 2014 pass orders contrary to decree of a Civil Court? Bombay High Court decides

Bombay High Court: In a unique case where the officers exercising powers under the Maharashtra Money Lending (Regulation) Act, 2014

Case Briefs High Courts

Eviction of tenant, serving of notice by modes laid under S. 106 of Transfer of Property Act: Bom HC discusses all [Detailed report]

Bombay High Court: A.S. Gadkari, J., while addressing a matter of the eviction of a tenant focused on the modes of serving

Experts Corner Shardul Amarchand Mangaldas

Diligence by Purchaser Prior to Acquisition of Secured Assets under SARFAESI

by Bhoumick Vaidya† and Harshini Kotecha††

Cite as: 2021 SCC OnLine Blog Exp 77

Case Briefs High Courts

Son-in-law and his right on Father-in-laws property | Claim that he was adopted as a member of family subsequent to marriage with daughter: Know what Ker HC decides

Kerala High Court: N. Anil Kumar, J., decided a matter wherein the son-in-law claimed his right on father-in-law’s property while pleading that

Case Briefs High Courts

Contribution for renovation to father’s self-acquired property a ground to not being evicted ? Here’s what P&H HC opined while deciding on Eviction Order for Son and Daughter-in-law

Punjab and Haryana High Court: Expressing that when the children, who the parents have reared with untold sorrows and miseries, throw them

Op Eds OP. ED.

Transfer of Property to a Child in a Mother’s Womb

by Simran Kaur Bhatia†

Case Briefs Supreme Court

Explained| How to know if a document is a mortgage or a conditional sale?

Supreme Court: The bench of Hemant Gupta and AS Bopanna, JJ has held that in order to determine whether a document is

OP. ED.SCC Journal Section Archives

Existence and Mortgageability of Equitable Estates in Immovable Property in Indian Law – I

by Sudeep Malik†

Op Eds OP. ED.

Ownership – Meaning and modes of acquiring

by Achal Gupta†

Case Briefs High Courts

Utt HC | Supply of cement, steel and bricks etc. to the contractors by Government Department, for which cost is deducted from bills of contractors amounts to sale, thus taxable, Court allows revision petition

Uttaranchal High Court: A Division Judge Bench of K.M. Joseph and Sharad Kumar Sharma, JJ., had allowed a revision which was filed

Case Briefs High Courts

Ker HC | Court orders Maintenance Tribunal to reconsider the case and elicit truth by inquisitorial approach under MWPSC Act

Kerala High Court: A. Muhamed Mustaque, J. dismissed a petition challenging the order of Appellate Authority under Maintenance and Welfare of Parents

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Nexus to transaction must be proved to array a person as defendant in proceedings for confiscation of property involved in money laundering

Appellate Tribunal for PMLA: The Tribunal chaired by Manmohan Singh, J. set aside an order restraining a woman from sale or transfer