Transfer of Property Act 1882

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 […]
14th Jul, 2018

There is an implied surrender of tenancy when the tenant either explicitly or by necessary implication executes a mortgage deed with respect to the subject premise.

In a recent judgment, the Hon’ble High Court of Bombay held where a landlord executes a mortgage deed in favour of tenant in possession of the premises, this will amount to implied surrender of tenancy […]
7th Jun, 2018

Burden of proof to establish that transaction was entered into by pardanashin lady, after clearly understanding its nature, rests upon person who seeks to sustain a transaction

Orissa High Court has held that the burden of proof shall always rest upon the person who seeks to sustain a transaction entered into with a pardanashin lady to establish that the said document was […]
31st May, 2018

Whether the deed in question was merely an Extension of a lease or was it Renewal of lease?

The Calcutta High Court opined that if the period of demise expires, then that period can be extended by a fresh demise, by whatever name one may call it. It may be called a new […]
2nd Apr, 2018

Benefit of Section 53A of Transfer of Property Act 1882 available only on appropriately stamped and registered instruments

Under Section 53-A of the Transfer of Property Act, the benefit of an agreement to sell in the nature of part performance could not be given unless the agreement to sell was stamped for the […]
1st Sep, 2017

Ownership by adverse possession

The Delhi High Court in Ved Prakash and Ors. vs. Niranjan Singh on 09.08.2017 stated that in order to establish claim of adverse possession, the first and basic ingredient in law is that the possession […]
1st Sep, 2017

Essentials of mortgage by conditional sale

The Supreme Court in the matter of Vithal Tukaram Kadam vs Vamanrao Sawalaram Bhosale decided on 9 August, 2017 Civil Appeal Nos. 7245-7246 OF 2011 summarised the essentials of an agreement, to qualify as a […]
10th Aug, 2017

Difference between Mortgage by conditional sale and Sale with a condition to repurchase

The Supreme Court of India in the matter of Bibi Fatima vs. M. Ahamed Hussain, Civil Appeal no. 7023/2012, decided on 1st August, 2017 opined on the question that whether a transaction is a mortgage by conditional sale […]
31st Jul, 2017

Sale of an immovable property can only be made by Registered instruments

The Supreme Court in the matter of The Greater Bombay Co-operative Bank Limited vs. Nagraj Ganeshmal Jain decided on 26th July, 2017, being Civil Appeal Nos. 009777-009778 of 2017 has reiterated yet again that immoveable […]