Absence Of Prior Approval By State Government Before Executing The Sale Deed Would Vitiate And Invalidate The Document: Karnataka High Court
2 years, 11 months ago

Absence Of Prior Approval By State Government Before Executing The Sale Deed Would Vitiate And Invalidate The Document: Karnataka High Court

Live Law  

The Karnataka High Court recently said that not obtaining of previous/prior approval from the State Government by the Karnataka Housing Board before execution of the sale deed dated would invalidate and vitiate the said document. "Absence/lack/want of previous/prior approval by the State Government before executing the impugned Sale Deed dated 23.08.2006 would vitiate and invalidate the said document and mere ex-post facto approval dated 10.04.2013 would not have the effect of ratifying or validating the Sale Deed due to the inherent lacuna / defect in the document at the time of its execution," the Court said. Petitioners Submissions: Senior Advocate Gurudas Kannur appearing for the petitioner contended that since obtaining of prior approval from the State Government is a mandatory pre-condition / condition precedent / statutory requirement under Section 33 of the KHB Act, in the absence of any such prior approval being obtained by the KHB before obtaining the Sale Deed dated 23.08.2006 from the petitioner's father, the said Sale Deed is illegal and invalid and consequently, the impugned Sale Deed also deserves to be quashed." Following which the court held that, "The impugned Sale Deed dated 23.08.2006 executed by the petitioner's father in favour of the respondent- KHB is hereby declared as null and void and directed to be cancelled.

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History of this topic

[Senior Citizens Act] Bank Can Seek Quashing Of Order Voiding Gift Deed In Case Of Default On Loan By Children: Karnataka High Court
1 week, 6 days ago

[Senior Citizens Act] Bank Can Seek Quashing Of Order Voiding Gift Deed In Case Of Default On Loan By Children: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed an order passed by the Assistant Commissioner, Hassan made under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cancelling the gift deed executed by an aged father in favour of his children. Justice M G S Kamal said, “This Court under the peculiar facts situation of the case, …

Prior Consent Of State Under Rajasthan Colonization Act Which Ceased In 1991, Not Mandatory For Sale Deed Executed In 2003: Rajasthan HC
1 month ago

Prior Consent Of State Under Rajasthan Colonization Act Which Ceased In 1991, Not Mandatory For Sale Deed Executed In 2003: Rajasthan HC

Live Law  

In doing so the court said that merely because the petitioner's predecessors in title–either due to illiteracy or ignorance of law–failed to obtain prior consent, the rights which have accrued in favour of the purchasers cannot be set at zero, over 20 years after the sale. As per Section 13 of Rajasthan Colonization Act, 1954 no tenant shall transfer his …

Supreme Court To Hear Challenge To Constitutional Validity Of Rule Allowing Registrar To Refuse Property Registration In Tamil Nadu
1 month ago

Supreme Court To Hear Challenge To Constitutional Validity Of Rule Allowing Registrar To Refuse Property Registration In Tamil Nadu

Live Law  

Pursuant to a petition filed assailing a Sub-Registrar's refusal to register a sale deed, the Supreme Court is set to hear a challenge to the constitutional validity of Rule 55A of the Tamil Nadu Registration Rules, which gives power to a Registrar to refuse registration of an immoveable property.As per Rule 55A, the registering officer before whom a document relating …

Plaintiffs Knew Of Sale Deed Execution, Didn't Move Trial Court To Add Transferee: MP High Court Upholds Order Declining Impleadment In Appeal
1 month, 1 week ago

Plaintiffs Knew Of Sale Deed Execution, Didn't Move Trial Court To Add Transferee: MP High Court Upholds Order Declining Impleadment In Appeal

Live Law  

The Indore bench of the Madhya Pradesh High Court denied adding certain persons as a necessary parties to a suit pertaining to a property dispute, observing that despite having full knowledge of the execution of the sale deed during the trial before the lower court the petitioners-original plaintiffs, did not file the application for adding proposed transferees at that juncture. …

[O.21 R.95] Buyers Of Property From Auction Purchaser Can Make Application Before Executing Court To Obtain Possession: Karnataka HC
4 months, 3 weeks ago

[O.21 R.95] Buyers Of Property From Auction Purchaser Can Make Application Before Executing Court To Obtain Possession: Karnataka HC

Live Law  

The Karnataka High Court has held that purchasers of a property from the auction purchaser can make an application before the executing court for obtaining possession of the properties from the owners/occupants. Appellants argued that they being the purchasers from the auction purchaser can very much maintain an application under Order 21 Rule 95 CPC inasmuch as they stepped into …

[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court
5 months, 1 week ago

[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court

Live Law  

The Karnataka High Court has refused to quash a case of cheating registered against a mother and son who are alleged of fabricating documents in order to acquire title in a property. A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Vanitha and Venkatesh M and said, “It is no law that merely because an issue …

Tribunal can’t annul gift deed if it does not contain condition to take care of parents: High Court
6 months, 2 weeks ago

Tribunal can’t annul gift deed if it does not contain condition to take care of parents: High Court

The Hindu  

The tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, will not get jurisdiction to annul the gift deed if the deed does not contain the condition that the transferee should provide basic amenities and physical needs to the transferor parent/senior citizen of the property, the High Court of Karnataka has said. Setting aside …

Can't Deny Registration Of Property Which Is Purchased In Auction On The Ground That Income Tax Dues Are Pending Against Original Borrowers: Karnataka HC
6 months, 3 weeks ago

Can't Deny Registration Of Property Which Is Purchased In Auction On The Ground That Income Tax Dues Are Pending Against Original Borrowers: Karnataka HC

Live Law  

The Karnataka High Court has held that a Sub-Registrar cannot refuse to register a sale certificate issued by the bank to an auction purchaser of property on the ground that certain claims of the Income Tax Department are pending against the original loan borrowers. The government advocate contended that the Sub-Registrar is not in a position to register the sale …

Karnataka High Court Upholds Order For Specific Performance Of Sale Agreement, Says If Owner Intended To Avail Loan It Would Execute Mortgage Deed
7 months, 1 week ago

Karnataka High Court Upholds Order For Specific Performance Of Sale Agreement, Says If Owner Intended To Avail Loan It Would Execute Mortgage Deed

Live Law  

The Karnataka High Court has upheld an order of the trial court decreeing a suit for specific performance of a sale agreement in favour of the plaintiff and rejected the contention of the defendants who are businessmen that they had availed loan from the plaintiffs and had not agreed to sell the schedule property. A division bench of Justice E …

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court
8 months, 3 weeks ago

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court

Live Law  

A single judge bench of the Karnataka High Court comprising of Justice K.S. The Respondent filed a Writ Petition before the Karnataka High Court against the order of the labour court. This time Labour Court confirmed the dismissal order passed by the disciplinary authority and held that the order was proportionate to the proved misconduct as the petitioner had secured …

Certified Copy Of Sale Deed Not Acceptable Substitute For Original Deed When Comparing Signatures In Loan Guarantee Dispute: Telangana High Court
9 months, 1 week ago

Certified Copy Of Sale Deed Not Acceptable Substitute For Original Deed When Comparing Signatures In Loan Guarantee Dispute: Telangana High Court

Live Law  

The Telangana High Court has held that a certified copy of a registered sale deed is not an acceptable substitute for original documents when attempting to compare signatures in a loan guarantee dispute. This decision arose from a case where the petitioner denied signing a loan guarantee agreement and sought to send a certified copy of a sale deed containing …

Poll Panel Assures To Give ‘Nazari Naksha’ to BJP Candidate
9 months, 2 weeks ago

Poll Panel Assures To Give ‘Nazari Naksha’ to BJP Candidate

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court on Wednesday recorded a statement of the Election Commission that it would give a copy of Nazari Naksha, which would be a map disclosing all households which fall within the boundaries of each polling station and the number of voters in each household to Konda Vishweshwar Reddy, BJP’s Chevella candidate, in …

Telangana HC To Decide on Paigah Land Sale Deed to Nizam
9 months, 4 weeks ago

Telangana HC To Decide on Paigah Land Sale Deed to Nizam

Deccan Chronicle  

Hyderabad: The Telangana High Court will decide on whether the execution of a sale deed bearing document No. The common sale deed is said to have been executed for the transfer of approximately 38,70,720 shares of Paigah land at Hydernagar, Hasmathpet, Malkaram, Khaderabad, Ghansaiguda and other places to Mir Osman Ali Khan and one other by the members of the …

Transfer Of Property Act | Unregistered Sale Deed Admissible As Evidence For Considering Relief Of Specific Performance: Patna HC
1 year ago

Transfer Of Property Act | Unregistered Sale Deed Admissible As Evidence For Considering Relief Of Specific Performance: Patna HC

Live Law  

The Patna High Court recently ruled that an unregistered sale agreement remains admissible as evidence in a lawsuit seeking specific performance of the agreement. Justice Sunil Dutta Mishra observed, “It is clear from the above that even where the sale agreement is not registered, the document can be received as evidence for considering the relief of specific performance and the …

Difference Between 'Mortgage By Conditional Sale' & 'Sale With Condition Of Retransfer' : Supreme Court Explains
1 year, 4 months ago

Difference Between 'Mortgage By Conditional Sale' & 'Sale With Condition Of Retransfer' : Supreme Court Explains

Live Law  

The Supreme Court in the judgment Prakash By LR. Referring to Section 58 of the Transfer of Property Act, 1882, the Court observed, “A deeming fiction was added in the negative that a transaction shall not be deemed to be a mortgage unless the condition for reconveyance is contained in the document which purports to effect the sale”. On the …

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court
1 year, 7 months ago

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court

Live Law  

The Supreme Court bench comprises Justices M.R. Ravikumar has ruled that an inter-se dispute on the validity of the sale deed executed between the defendants in respect of the suit land, cannot be considered in the suit for possession instituted by the plaintiff on the basis of a registered sale deed executed in its favour, as it would amount to …

HC division bench reverts writ petition over ‘faulty’ order by single judge
1 year, 9 months ago

HC division bench reverts writ petition over ‘faulty’ order by single judge

Deccan Chronicle  

Hyderabad: The division bench of the Telangana High Court, headed by Chief Justice Ujjal Bhuyan, faulted a single-judge order that disposed of a land-related petition without issuing notices or hearing the contentions of related parties. Despite the ownership tussle, the single-judge bench ordered revenue authorities to take necessary action on mutation, following which Ravula Laxmi and Sushruth Reddy filed an …

Certified Copy Of Sale Deed Is Secondary Evidence U/S 63 Evidence Act, Does Not Prove Its Execution: Tripura High Court
1 year, 9 months ago

Certified Copy Of Sale Deed Is Secondary Evidence U/S 63 Evidence Act, Does Not Prove Its Execution: Tripura High Court

Live Law  

The Tripura High Court has held that a certified copy of a sale deed is secondary evidence under Section 63 of the Evidence Act which acknowledges/recognizes the existence, conditions and contents of a Sale deed, but notits execution. Adjudicating upon the matter Justice Lodh observed that the certified copy of the sale deed, when exhibited by the Court without any …

[O I R 10 CPC ] Party Executing Assignment Deed With Auctioneer After Successful Bidders Raise Dispute Qua Transaction Not Necessary Party: Calcutta HC
2 years ago

[O I R 10 CPC ] Party Executing Assignment Deed With Auctioneer After Successful Bidders Raise Dispute Qua Transaction Not Necessary Party: Calcutta HC

Live Law  

The Calcutta High Court on Tuesday ruled that a party who entered into an assignment deed with an auctioneer, after the transaction with successful bidder was complete and a dispute regarding the same had arisen, is not a necessary party to the proceedings instituted by such bidder. Counsels for the applicant further contended that the applicant had issued a Sale …

Even A Void Order Unless Certified By A Competent Body Or Court As Being Void, Would Continue To Be Operational: Karnataka High Court
2 years ago

Even A Void Order Unless Certified By A Competent Body Or Court As Being Void, Would Continue To Be Operational: Karnataka High Court

Live Law  

The Karnataka High Court has observed that even a void order unless certified by the magistra dicta as being void, would continue to be operational. A single judge bench of Justice Krishna S Dixit made the observation while rejecting a petition filed by the Diocesan Lord Bishop and Melvin D'souza, questioning the order of the Land Tribunal to the extent …

Registrar Can't Accept Deed Of Cancellation Which Seeks To Nullify A Deed Of Conveyance Which Has Already Been Acted Upon: Madras High Court (FB)
2 years, 3 months ago

Registrar Can't Accept Deed Of Cancellation Which Seeks To Nullify A Deed Of Conveyance Which Has Already Been Acted Upon: Madras High Court (FB)

Live Law  

While answering a reference, the Madras High Court Bench of Justice SS Sundar, Justice GR Swaminathan and Justice R Vijayakumar observed that the Registrar does not have the power to accept the deed of cancellation to nullify a deed of conveyance made earlier, when the deed of conveyance has already been acted upon.The court was answering a reference made by …

S.22 SRA | Civil Courts May Grant Ancillary Reliefs To Give Full Effect To Decree For Specific Performance: Telangana High Court
2 years, 5 months ago

S.22 SRA | Civil Courts May Grant Ancillary Reliefs To Give Full Effect To Decree For Specific Performance: Telangana High Court

Live Law  

The Telangana High Court recently upheld an order passed by the Executing Court directing removal of illegal structures raised in the suit schedule property after passing of a decree for specific performance, ordering delivery of possession, in favour of the defendants/ decree holders. It observed that decree for specific performance cannot be frustrated in such manner and that the civil …

Res Judicata: Son Bound By Judicial Proceedings Initiated By Father With Respect To Immovable Property, Rules Karnataka High Court
2 years, 6 months ago

Res Judicata: Son Bound By Judicial Proceedings Initiated By Father With Respect To Immovable Property, Rules Karnataka High Court

Live Law  

The Karnataka High Court has said that proceedings initiated by a father in respect of a claim of title over a property which is decided by the court will bind the son also. The authority had challenged the order passed by the single judge bench dated 25.02.2016, by which writ petition preferred by respondent Nos.1 to 1 was allowed and …

No Valid Sale Under Law If Notice Of Sale On Which Parties Acted Upon Has Been Set Aside: Kerala High Court
2 years, 7 months ago

No Valid Sale Under Law If Notice Of Sale On Which Parties Acted Upon Has Been Set Aside: Kerala High Court

Live Law  

The Kerala High Court on Wednesday observed that when the notice of sale based on which the parties bid for property has been set aside, it can be presumed that there is no valid sale under the law. Justice Bechu Kurian Thomas thereby dismissed the plea which had sought a direction to the respondent to confirm the sale of the …

S.47 Indian Registration Act Most Misused Law, Retrospective Effect Of Registered Sale Deed Requires Cumulative Analysis Of All Evidence: Madras HC
2 years, 8 months ago

S.47 Indian Registration Act Most Misused Law, Retrospective Effect Of Registered Sale Deed Requires Cumulative Analysis Of All Evidence: Madras HC

Live Law  

The Madras High Court has recently held that while dealing with the aspect of "retrospective effect" under the Indian Registration Act, the courts shall not go by retrospective operations in simpliciter, as stated in the said Section, but consider all the attentive circumstances. Only on a cumulative analysis of all attentive circumstances, a decision is to be rendered not by …

Fake Arbitration In 'Film Shooting Set' Court Room, Madras High Court Cancels Award Directing Execution Of Sale Deed In Respect Of Stranger's Property
2 years, 11 months ago

Fake Arbitration In 'Film Shooting Set' Court Room, Madras High Court Cancels Award Directing Execution Of Sale Deed In Respect Of Stranger's Property

Live Law  

Madras High Court has recently set aside an arbitral award directing execution of sale deed of a third party's property, alien to the proceedings before the tribunal, after huge fraud came into light with respect to the transaction between the parties and the arbitral proceedings before the tribunal. In the said arbitral proceedings at a 'make believe court room' in …

Punjab & Haryana High Court Seeks State's Response In Plea For Registration Of Sale Deeds Through Video Conferencing For NRIs
3 years ago

Punjab & Haryana High Court Seeks State's Response In Plea For Registration Of Sale Deeds Through Video Conferencing For NRIs

Live Law  

The Punjab and Haryana High Court on Wednesday issued notice to the State government on a plea seeking directions to allow NRIs to represent before the office of sub-registrar through video conferencing or through any other electronic medium for the purpose of registration of sale deed of properties. Justice Raj Mohan Singh issued notice on the plea and adjourned the …

Madras High Court Recommends Constitution Of Quasi-Judicial Appellate Tribunal For Cancellation Of Registrations Arising Out Of Fraudulent Transactions
3 years, 1 month ago

Madras High Court Recommends Constitution Of Quasi-Judicial Appellate Tribunal For Cancellation Of Registrations Arising Out Of Fraudulent Transactions

Live Law  

The Madras High Court on Friday observed that fraudulent registration of sale deeds in the State have only reduced and not stopped completely despite several measures undertaken by the Registration Department over the years. Justice R. Suresh Kumar also recommended the constitution of a quasi-judicial appellate tribunal headed by a retired High Court judge and comprising two members one. Justice …

'Favouritism By Karnataka Housing Board, Due Procedure Not Followed': High Court Cancels Land Allotment To Trust Headed By BJP MP's Wife
3 years, 2 months ago

'Favouritism By Karnataka Housing Board, Due Procedure Not Followed': High Court Cancels Land Allotment To Trust Headed By BJP MP's Wife

Live Law  

Observing that, "Favoritism has been done by Karnataka Housing Board to respondent No.3, Murthy Charitable Trust, without following the prescribed procedure," the Karnataka High Court recently quashed and set aside the allotment of a plot of land to the trust, represented by its President Gayathri, who is the wife of BJP Member of Parliament, Umesh G Jadhav. Further, the Principal …

Unilateral Cancellation Of Registered Sale Deed Can't Be An Anticipatory Bail Condition: Supreme Court
3 years, 3 months ago

Unilateral Cancellation Of Registered Sale Deed Can't Be An Anticipatory Bail Condition: Supreme Court

Live Law  

The Supreme Court on Friday observed that a registered sale deed cannot be cancelled unilaterally by one party to the said document in purported compliance of the direction given by the High Court, since that adversely affects the rights of the purchasers who are not a party before the High Court. The bench of Chief Justice NV Ramana, Justice Surya …

Senior Citizens Act - Section 23 Can't Be Invoked If Release Deed Is For Consideration : Karnataka High Court
3 years, 6 months ago

Senior Citizens Act - Section 23 Can't Be Invoked If Release Deed Is For Consideration : Karnataka High Court

Live Law  

The Karnataka High Court has recently held that a senior citizen cannot invoke Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, when the release of property was not out of natural love and affection but for a consideration. The counsel for respondent 2, submitted that even in the absence of condition, the transferee shall provide …

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