Sale With A Mere Condition Of Retransfer Is Not A Mortgage, Reiterates SC [Read Judgment]
5 years, 5 months ago

Sale With A Mere Condition Of Retransfer Is Not A Mortgage, Reiterates SC [Read Judgment]

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The Supreme Court has reiterated that a sale with a mere condition of retransfer is not a mortgage.In this case, the sale deed dated 10th December, 1968 does not disclose that the transaction is one of mortgage or that of a conditional sale. In this case, the sale deed dated 10th December, 1968 does not disclose that the transaction is one of mortgage or that of a conditional sale. Therefore, any recital relating to mortgage or the transaction being in the nature of a conditional sale should be an intrinsic part of the very sale deed which will be the subject matter." The bench observed that even if the other agreement is taken note, the same cannot alter recitals in the sale deed to treat the same as a mortgage by conditional sale.

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History of this topic

S. 58(c) TPA | Mere Possession Of Property By Mortgagor Wouldn't Make 'Mortgage By Conditional Sale' A 'Simple Mortgage' : Supreme Court
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4 weeks, 2 days ago

S. 58(c) TPA | Mere Possession Of Property By Mortgagor Wouldn't Make 'Mortgage By Conditional Sale' A 'Simple Mortgage' : Supreme Court

Live Law  

The Supreme Court observed that allowing a mortgagor to stay in possession does not make the transaction a 'simple mortgage' if the deed specifies that the mortgagor's default in redeeming the property within the stipulated time would lead to transfer of the mortgage property to the mortgagee under 'mortgage by conditional sale' as per Section 58 of the Transfer of …

S. 58(c) TPA | Mere Possession Of Property By Mortgagor Wouldn't Make 'Mortgage By Conditional Sale' A 'Simple Mortgage' : Supreme Court
Trending News
4 weeks, 2 days ago

S. 58(c) TPA | Mere Possession Of Property By Mortgagor Wouldn't Make 'Mortgage By Conditional Sale' A 'Simple Mortgage' : Supreme Court

Live Law  

The Supreme Court observed that allowing a mortgagor to stay in possession does not make the transaction a 'simple mortgage' if the deed specifies that the mortgagor's default in redeeming the property within the stipulated time would lead to transfer of the mortgage property to the mortgagee under 'mortgage by conditional sale' as per Section 58 of the Transfer of …

Specific Performance Of Re-Conveyance Deed Can't Be Sought When Plaintiff Denies Defendant's Title In Property : Supreme Court
1 year, 1 month ago

Specific Performance Of Re-Conveyance Deed Can't Be Sought When Plaintiff Denies Defendant's Title In Property : Supreme Court

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The Supreme Court, while denying the plea of specific performance for execution of the re-conveyance deed, noted that such a claim implies that the opposite party is the owner. “Therefore, taking the averments made in the plaint as correct, there was no occasion for the appellants to seek specific performance compelling the respondent to execute re-conveyance deed inasmuch as, even …

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, 8 months ago

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

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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 …

Certified Copy Of Sale Deed Is Secondary Evidence U/S 63 Evidence Act, Does Not Prove Its Execution: Tripura High Court
1 year, 10 months ago

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

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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 …

Whether A Deed Is Of Absolute Transfer Or Mortgage By Conditional Sale? Intention Of Parties Determines : Supreme Court
3 years, 4 months ago

Whether A Deed Is Of Absolute Transfer Or Mortgage By Conditional Sale? Intention Of Parties Determines : Supreme Court

Live Law  

The Supreme Court has observed that the intention of parties has to be looked into to consider whether a document is of absolute sale or mortgage by conditional sale.Section 58 of the Transfer of Property Act defines the Mortgage by conditional sale as follows: "Where the mortgagor ostensibly sells the mortgaged property on condition that on default of payment of …

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