Transfer of Property Act 1882

10th Feb, 2022

Voluntariness and Animus necessary for execution of a valid gift deed – Donee to prove that he exerted no influence

Factual Matrix: The Hon’ble Supreme Court vide its judgment dated 24.01.2022 in the matter of “Keshav & Ors. vs. Gian Chand & Anr., (C.A. No. 364 of 2022)” had the occasion to deal with whether […]
13th Aug, 2020

Interpretation of Section 57 of Transfer of Property Act, 1882

The Kerala High Court while pronouncing a judgment in the matter of M.P Varghese Vs. Annamma Yacob & Anr., MFA No. 47/2020 on 05.08.2020, observed that- “The purpose of Section 57 of the TP Act […]
19th Feb, 2020

A condition of a gift deed restricting alienation of property by the donee is hit by Section 10 of Transfer of Property Act, 1882 and is void

The Supreme Court in the matter of Sridhar vs. N. Revanna in Civil Appeal No. 1209 of 2020 decided on 11.02.2020 reinforced that no condition can be imposed absolutely on the right of a transferee […]
26th Aug, 2019

Alienation of Suit property is not illegal merely because it was done during pendency of suit: Supreme Court

The bench in the case of “Madhukar Nivrutti Jagtap & ors. vs Smt. Pramilabai Chandulal Parandekar & ors” (Civil Appeal No. 5382 of 2007) decided on 13.08.2019 reiterated that the effect of doctrine of lis […]
11th Mar, 2019

Applicability of Arbitration and Conciliation Act on the dispute between the landlord and the tenant in the Transfer of Property Act

The Hon’ble Supreme Court of India, in Vidya Drola & Ors. versus Durga Trading Corporation being Civil Appeal No. 2402 of 2019 on 28.02.2019  allowed the arbitration proceeding to resolve dispute between  the landlord and […]
21st Feb, 2019

Mere agreement to sell the leased property to tenant would not terminate landlord-tenant relationship.

Mere execution of agreement to sell of the leased property with a tenant would not terminate the landlord-tenant relationship. The Supreme Court observed, If the parties really intended to surrender their tenancy rights as contemplated […]
14th Feb, 2019

Transfer by Erroneous Representation of title will hold good if transferor acquires title later

Applying the principle of “feeding the grant by estoppel” under Section 43 of the Transfer of Property Act, the Supreme Court granted relief to a party, who was misled to purchase a property by erroneous […]
1st Feb, 2019

Mere Agreement to Sell of the Leased Property to the tenant would not terminate Landlord-Tenant relationship

In a recent judgment, the Supreme Court observed that mere agreement to sell the property of the landlord to the tenant would not result in termination of landlord-tenant relationship between the parties unless there is […]
31st Oct, 2018

A conditional gift is incomplete till the conditions stated in the deed remain unfulfilled and may be cancelled

The Supreme court has held that a conditional gift only becomes complete on compliance of the conditions in the deed and till the time such conditions remain unfulfilled; the donor is at liberty to cancel […]
3rd Oct, 2018

An unregistered mortgage deed is inadmissible in evidence however it is valid proof of possession in a claim for adverse possession

The Apex Court held that the though an unregistered mortgage deed is not admissible as a document of title however, the same could be relied on for collateral purposes such as a proof of possession […]
22nd Aug, 2018

There cannot be any oral gift of an immovable property, it can only be done by a registered instrument

The Delhi High Court has laid down that there cannot be any oral gift of an immovable property and that a gift becomes legally effectively only when a registered instrument is executed in the manner […]
18th Jul, 2018

An unregistered agreement to sell can be made basis for a suit for specific performance without having any effect under Section 53A of the Transfer of Property Act, 1882

The Supreme Court held that an unregistered agreement to sell can be received as evidence of a contract in a suit for specific performance however, the protection under Section 53A of Transfer of Property Act 1882 would not be available in case of unregistered agreement […]