Transfer of Property Act 1882

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 […]
19th Feb, 2017

Industrial lease deed to be renewed as per the terms of lease #indianlaws

The Hon’ble Supreme Court in the matter of Orissa Industrial Infrastructure Development Corporation Vs. MESCO Kalinga Steel Limited; Civil Appeal no. 2545/2017, decided on 14th February, 2017 held that renewal of lease is a privilege […]
11th Feb, 2017

A co-owner can maintain suit for eviction without impleading other co-owners

Delhi High Court in the matter titled as  Ram Niwas Singh Vs. Rajendra Singh, RSA 25/2017 decided on 20.01.2017, held that co-owners to a property can file a suit for eviction of a tenant in […]
12th May, 2016

It is not the form in which deed is clothed, but the nature of transaction, which is decisive #indianlaws

A document, as is well known, must be read in its entirety. When character of a document is in question, although the heading thereof would not be conclusive, it plays a significant role. Intention of […]
2nd Jan, 2016

Assignments of Life Insurance policies are valid and binding #indianlaws

Apex Court clarified that the insurance policies issued by LIC (Appellant) are transferable and assignable in accordance with the provisions of the Insurance Act, 1938 and in terms of the contract of life insurance.The Apex […]
1st Aug, 2015

Under Section 52 of the Transfer of Property Act, 1882, the ‘lis’ continues so long as a final decree or order has not been obtained from the Court #indianlaws

Under Section 52 of the Transfer of Property Act, 1882, the ‘lis’ continues so long as a final decree or order has not been obtained from the Court. Even after the dismissal of a suit […]
21st Jun, 2015

High Court in exercise of writ jurisdiction cannot decide on whether property is encumbered or not #indianlaws

It was held as not within ken of the High Court in writ jurisdiction to declare any property as unencumbered one. Such rights between private parties cannot be made subject-matter of writ jurisdiction and to […]
21st Apr, 2015

Mutation of a property in the revenue record does not create or extinguish title

The Supreme Court was dealing with a matter wherein a suit for declaration was instituted by a person seeking to be declared as the sole owner of a property. The property in dispute belonged to […]