Transfer Of Property Act : Important Supreme Court Judgments Of 2024
1 week ago

Transfer Of Property Act : Important Supreme Court Judgments Of 2024

Live Law  

If Deed Was Executed By Person Without Title, Successors Cannot Enforce Rights On Property Based On Such Deed : Supreme CourtCase Title: KIZHAKKE VATTAKANDIYIL MADHAVAN THR. Lis Pendens Doctrine Does Not Bar Property Purchaser From Seeking Impleadment In Suit : Supreme Court Case Title: YOGESH GOYANKA VERSUS GOVIND & ORS., Citation : 2024 LiveLaw 457 The Supreme Court reiterated that a registered sale deed cannot be held to be void merely because it was executed during the pendency of a suit in relation to the property. Lis Pendens Doctrine Kicks In When Petition Is Filed & Not When Court Issues Notice; It Applies Even If Petition Was In Defect : Supreme Court Case Title : M/s Siddamsetty Infra Projects Pvt Ltd v. Katta Sujatha Reddy and Others, Citation : 2024 LiveLaw 870 The Supreme Court has held that the doctrine of lis pendens under Section 52 of the Transfer of Property Act,1882 will kick in from the moment a petition is filed in the Court and not at the stage when notice is issued by the Court. S. 58 TPA | Mere Possession Of Property By Mortgagor Wouldn't Make 'Mortgage By Conditional Sale' A 'Simple Mortgage' : Supreme Court Case Title: LEELA AGRAWAL VERSUS SARKAR & ANR., Citation : 2024 LiveLaw 967 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 Property Act, 1882. 'Lis Pendens' Doctrine Can Be Applied Even If S.52 Transfer Of Property Act Is Not Strictly Applicable In A State : Supreme Court Case Title: CHANDER BHAN THROUGH LR SHER SINGH VERSUS MUKHTIAR SINGH & ORS, Citation : 2024 LiveLaw 347 The Supreme Court held that the non-applicability of the provisions of Section 52 of the Transfer of Property Act, 1881 wouldn't bar the applicability of principles of lis-pendens, which are based on justice, equity, and good conscience.

Supreme Court Property Court Citation Sale Title Transfer 2024 State Supreme Act Livelaw Immovable Property Title Deeds Lrs Deed No Right Property Act Section 52 Tpa Section 58 Lis Pendens No Bar Conditional Sale Deed Was  important  act  transfer  sc  judgments  2024  title  livelaw  sale  court  supreme  property  deed

History of this topic

Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains
2 weeks, 2 days ago

Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains

Live Law  

The Supreme Court recently observed that the transferee cannot claim protection under Section 53-A of the Transfer of Property Act, 1882 if he fails to prove the execution of a sale agreement based on which possession was claimed.The Court also explained the conditions to invoke Section 53A.The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan was hearing the plea. …

Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains
2 weeks, 2 days ago

Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains

Live Law  

The Supreme Court recently observed that the transferee cannot claim protection under Section 53-A of the Transfer of Property Act, 1882 if he fails to prove the execution of a sale agreement based on which possession was claimed.The Court also explained the conditions to invoke Section 53A.The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan was hearing the plea. …

Lis Pendens - Transfer Of Property Not Void Just Because It Is Made During Pendency Of Suit; But Subject To Outcome Of Case : Supreme Court
2 years, 11 months ago

Lis Pendens - Transfer Of Property Not Void Just Because It Is Made During Pendency Of Suit; But Subject To Outcome Of Case : Supreme Court

Live Law  

The Supreme Court has delivered a judgment expounding the doctrine of "lis pendens" under Section 52 of the Transfer of Property Act.The Court explained that a transfer is not void just because the transfer is made during the pendency of litigation and the effect of Section 52 is that the transfer will be subject to the outcome of the suit. …

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