Ownership by adverse possession

Sep
1
2017


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 of the person must be hostile and owner would be deemed to be in possession of the suit property so long as there is no intrusion. Non-use of the property by the owner even for a long time would not affect his title. The position will be altered when another person takes possession of the suit property and asserts a right over it.




Essentials of mortgage by conditional sale

Sep
1
2017


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 mortgage by conditional sale. An ostensible sale with transfer of possession and ownership, but containing a clause for re-conveyance in accordance with Section 58 (c ) of the Act, will clothe the agreement as a mortgage by conditional sale.




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

Aug
10
2017


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 or a sale with a condition of re-purchase and stated the method of gathering the underlying difference between the same. The Apex court held that the question has to be decided on the basis of interpretation of the document itself. The intention of the parties is a determining factor and the document.




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

Aug
1
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. Even after the dismissal of a suit a purchaser is subject to "lis pendens", if an appeal is afterwards filed.' If after the dismissal of a suit and before an appeal is presented, the 'lis' continues so as to prevent the Defendant from transferring the property to the prejudice of the Plaintiff.




Mortgage by deposit of title deeds whether requires compulsory registration?

Oct
7
2013


When borrower and the creditor choose to reduce a contract in writing as the sole evidence of terms between them, It since becoming integral part of the transaction, shall require registration under Section 17 of the Registration Act.








© 2010-15