Sale Deed Cannot Be Unilaterally Cancelled: Kerala High Court Reiterates
2 months ago

Sale Deed Cannot Be Unilaterally Cancelled: Kerala High Court Reiterates

Live Law  

The Kerala High Court has reiterated that there cannot be unilateral cancellation of a sale deed. Justice Gopinath P. relying upon the Supreme Court's decision in Satya Pal Anand v. State of M.P and the high court's decision in Noble John v State of Kerala held thus: “Thus it is clear that there cannot be a unilateral cancellation of Ext.P.1 Sale Deed.Accordingly, on the ratio of the decisions referred to above, the writ petition is allowed by directing the 5th respondent to register the original of Ext.P5, in accordance with the law, uninfluenced in any manner by Ext.P7 and in compliance with all other legal formalities” The petitioner claimed to be the absolute owner in possession of 17 acres of land which he purchased in 1987 through a registered sale deed. The petitioner referred to Satya Pal Anand to state that there cannot be unilateral cancellation of the sale deed without giving notice to him. It thus said, “Though under normal circumstances, the legal heirs of the additional 6th respondent ought to have been impleaded, I am of the opinion that such a course of action need not be adopted in the facts of this case as it is clear that only the impediment in registering the sale deed executed by the petitioner is stated to be unilateral cancellation executed by the additional 6th respondent, which for reasons to be indicated, cannot be sustained.” The Court thus stated that the sale deed can be registered without getting influenced by the unilateral cancellation deed.

Kerala High Court Court Sale State Petitioner Deed Sale Deed Ext Unilateral Cancellation  1987  petitioner  kerala  v  deed  land  court  sale  state  high  cancelled  unilateral  cancellation  reiterates  unilaterally

History of this topic

Rent Control Act | Pleadings Regarding Denial Of Title Or Claim For Permanent Tenancy Must Be Clear & Specific: Kerala High Court
3 months, 2 weeks ago

Rent Control Act | Pleadings Regarding Denial Of Title Or Claim For Permanent Tenancy Must Be Clear & Specific: Kerala High Court

Live Law  

The Kerala High Court has observed that for the Rent Control Court to assess the genuineness of the claim of permanent tenancy or denial of title, the pleading must be clear, specific, unequivocal and explicit. “The Pleading regarding the denial of title or the claim for permanent tenancy must be clear, specific, and unequivocal, without which the Rent Control Court …

Unjustified For Bank To Proceed Against Property Based On Prior Settled Mortgage, When No New Mortgage Was Created: Kerala High Court
3 months, 3 weeks ago

Unjustified For Bank To Proceed Against Property Based On Prior Settled Mortgage, When No New Mortgage Was Created: Kerala High Court

Live Law  

The Kerala High Court has observed that it was not appropriate to proceed against the property of a guarantor who has not created mortgage over the property as collateral, merely because the guarantor had previously acted as a surety in another mortgage that has already been settled. In the case before the high court, the petitioner company mortgaged its property …

Can Gift Deed Be Unilaterally Cancelled By Donor After Acceptance By Donee? Kerala High Court Discuses
9 months ago

Can Gift Deed Be Unilaterally Cancelled By Donor After Acceptance By Donee? Kerala High Court Discuses

Live Law  

The Kerala High Court in a recent judgment discussed whether the unilateral cancellation of a gift deed by the donor is legally impermissible. In Thota Ganga Laxmi v Government of Andhra Pradesh, the Supreme Court was dealing with the legality of a cancellation deed whereby a sale deed was cancelled. In Suresh Babu S. R. and Others v Beena and …

MahaRERA cancels home buyers’ agreement
11 months, 3 weeks ago

MahaRERA cancels home buyers’ agreement

Hindustan Times  

MahaRERA has issued a significant order, marking the first instance where it has cancelled home buyers’ agreements and instructed the registrar to take appropriate action. GERA Developments complained that the nine homebuyers had made a partial payment for the purchase of apartments in their respective real estate projects and executed agreements for sale between 2019 and 2020. The Maharashtra Real …

Difference Between 'Mortgage By Conditional Sale' & 'Sale With Condition Of Retransfer' : Supreme Court Explains
1 year, 7 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, 10 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 …

[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court
2 years ago

[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court

Live Law  

The Kerala High Court recently directed the mutation of land covered by two sale deeds in favour of the person who purchased the land, notwithstanding the fact that the predecessor-in-interest was allegedly holding the land in excess of the ceiling limit under Kerala Land Reforms Act. The Single Judge Bench of Justice Gopinath P. observed, "Even in respect of cases …

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, 6 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 …

No Valid Sale Under Law If Notice Of Sale On Which Parties Acted Upon Has Been Set Aside: Kerala High Court
2 years, 10 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 …

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

Madras High Court Recommends Constitution Of Quasi-Judicial Appellate Tribunal For Cancellation Of Registrations Arising Out Of Fraudulent Transactions
3 years, 4 months 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 …

Unilateral Cancellation Of Registered Sale Deed Can't Be An Anticipatory Bail Condition: Supreme Court
3 years, 6 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 …

Withholding Of Title Deeds Towards Security By PSU Bank Doesn't Involve Any Element Of Public Duty: Kerala High Court
4 years, 3 months ago

Withholding Of Title Deeds Towards Security By PSU Bank Doesn't Involve Any Element Of Public Duty: Kerala High Court

Live Law  

"Providing of credit facility or providing of loan on the strength of title deeds given in security cannot be said to be done in discharge of any public function, even in a case where it is made by a Public Sector undertaking/Bank", ruled the Kerala High Court on Wednesday. The Court cited the Apex Court's ruling in the case of …

State Can’t Act Like Robinhood: Kerala HC Sets Aside Land Conservancy Act Proceedings Against Harrisons Malayalam [Read Judgment]
6 years, 11 months ago

State Can’t Act Like Robinhood: Kerala HC Sets Aside Land Conservancy Act Proceedings Against Harrisons Malayalam [Read Judgment]

Live Law  

The Welfare State exists for the downtrodden and the marginalised, but cannot act like Robin Hood; which would be a negation of the democratic principles and blatant flouting of rule of law, the Bench said.The Government if given a carte-blanche to negative such ownership and possession, at one go, by an officer authorised to evict unauthorized possession of lands; then …

State Can’t Act Like Robinhood: Kerala HC Sets Aside Land Conservancy Act Proceedings Against Harrisons Malayalam [Read Judgment]
6 years, 11 months ago

State Can’t Act Like Robinhood: Kerala HC Sets Aside Land Conservancy Act Proceedings Against Harrisons Malayalam [Read Judgment]

Live Law  

The Welfare State exists for the downtrodden and the marginalised, but cannot act like Robin Hood; which would be a negation of the democratic principles and blatant flouting of rule of law, the Bench said.The Government if given a carte-blanche to negative such ownership and possession, at one go, by an officer authorised to evict unauthorized possession of lands; then …

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