Transfer of Property Act
Whether power of attorney, will, agreement to sell can be recognised as title documents conferring rights in any immovable property? Supreme Court answers
Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.
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 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.
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.
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.
“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.
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.
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.
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.
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
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
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
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,
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
Lease: Renewal Thereof
by Achal Gupta*
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
Perplexity behind giving Notice to determine Tenancy in India
by Akshit Sachdeva*
Frustration goes viral: Commercial Leases and Force Majeure
by Ramchandra Madan*