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

Jul
31
2017


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 property can be transferred only by a Registered document. There can be no transfer of any right, title or interest in any immoveable property except by way of a registered document. An agreement to sell which is not a registered deed of conveyance would not meet the requirements of Section 54 and 55 of the Transfer of Property Act.




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

Feb
19
2017


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 and if a tenant wishes to claim the privilege, he must do so strictly within the time limited for the purpose. Where however, there is no time limit, an application may be made within a reasonable time.




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

Feb
11
2017


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 the property. It was also re-emphasized that there is hardly any distinction between a suit for eviction and recovery of possession against a tenant after determination of tenancy, which determination only a co-owner is allowed to do and thereafter, maintain a suit for eviction of such tenant.




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

May
12
2016


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 the parties must be gathered from the document itself but therefor circumstances attending thereto would also be relevant; particularly when the relationship between the parties is in question. For the said purpose, it is essential that all parts of the deed should be read in their entirety. In the instant case, the document in question had a condition that the amount mentioned when paid back within five years from the date of execution, the property would be returned and in the event of failure, the no right to claim back will exist. 




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

Jun
21
2015


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 a direction of maintaining status quo on such properties. 




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

Apr
21
2015


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 the predecessor of the Plaintiff and the defendant. Upon the death of the predecessor, as per Hindu Succession Act, the property fell equally in the share of the Plaintiff and the Defendant. The Defendant permitted the name of the Plaintiff to be recorded in the revune records, which position subsisted for a long period of time. 




Rent of a building ordinarily includes charges, if any, paid towards fixtures and fittings

Nov
24
2014


Rent is the consideration paid for use and occupation of property and in broader sense, it is the compensation or fee paid, usually periodically, for the use of the rented property, land, buildings, equipment and the like.




Termination of tenancy under Section 106 TPA not necessary for State Rent Contol legislations #indianlaws

Sep
24
2014


The theory of double protection or additional protection has been  stretched too far and without a proper and due consideration of all its remifications.It was accordingly held that no notice to quit is necessary under Section 106 of the Transfer of Property Act in order to enable the landlord to get an order of eviction against the tenant.
 




Transfer of Property Act is not applicable to the Government grants #indianlaws

May
30
2014


Government grant of lease of land is governed entirely by the terms of the grant




What is the fate of an agreement to sell executed in violation of the injunction order?

Oct
31
2013


Merely because property in relation to which agreement was entered upon is no longer subject to any order of restrain, party seeking specific performance does not automatically becomes entitled to such relief.




Jurisdiction of Civil Court vis-à-vis Scope of Section 34 of the SARFESI

Oct
30
2013


A Civil Court has no jurisdiction to entertain any suit or proceedings in respect of matters falling under Section 13(4) of the Securitisation Act as such matters comes under the jurisdiction of the DRT and the Appellate Tribunal




A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement.

Sep
26
2013


A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement. The jurisdiction rest with the Civil Court only.




Right or Interest to occupy is a Species of Property and is not barred from transferability

Sep
11
2013


A question arose before the Apex Court as to whether the property mortgaged to a Bank by shareholder of a Company can be attached and sold in execution of a decree obtained by Bank








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