Plaintiffs Knew Of Sale Deed Execution, Didn't Move Trial Court To Add Transferee: MP High Court Upholds Order Declining Impleadment In Appeal
4 months, 3 weeks 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. In the appeal, the petitioners filed an application under Order I Rule 10 CPC for impleadment of transferee pendente lite; this was rejected against which the petitioners-original plaintiffs moved the high court. The counsel for the petitioners submitted that the Appellate Court erred in dismissing the application without considering the fact that the proposed transferee pendente lite may not be necessary party but in order to avoid multiplicity of litigation they ought to have been allowed to be impleaded party. Upon perusal of the pleadings and the appellate court's order, the high court said that the suit for declaration and injunction was filed against the respondents on August 28, 2021 and the alleged sale deed was executed by respondent No.1 on June 28, 2003.

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History of this topic

Transferee Pendente Lite Not Entitled To Get Impleaded In Suit As A Matter Of Right : Supreme Court Summarises Principles
2 months ago

Transferee Pendente Lite Not Entitled To Get Impleaded In Suit As A Matter Of Right : Supreme Court Summarises Principles

Live Law  

The Supreme Court today ruled that a pendente lite transferee has no automatic right to be impleaded in a suit. Thirdly, there is no absolute rule that such a transferee pendente lite, with the leave of the Court should, in all cases, be allowed to come on record as a party; iv. Eighthly, a transferee pendente lite, being an assignee …

Agreement For Sale Doesn't Transfer Title Or Create Interest In Property : Supreme Court
2 months, 2 weeks ago

Agreement For Sale Doesn't Transfer Title Or Create Interest In Property : Supreme Court

Live Law  

The Supreme Court has reaffirmed that mere possession of a property under an agreement to sell does not confer ownership unless a sale deed is duly registered under the Indian Registration Act, 1908. The National Company Law Appellate Tribunal's decision- that the sale deed executed by the property owner's legal representative would not be binding on the company because it …

Knowledge About Sale Deed Can't Be Presumed From Date Of Its Registration; Limitation Period Starts From Date Of Knowledge : Supreme Court
2 months, 3 weeks ago

Knowledge About Sale Deed Can't Be Presumed From Date Of Its Registration; Limitation Period Starts From Date Of Knowledge : Supreme Court

Live Law  

While dealing with dismissal of a suit, seeking cancellation of a sale deed, on the ground of limitation, the Supreme Court recently reiterated that the period of limitation in such cases begins from the date when knowledge of fraud is acquired, and not the date of registration. "While the High Court came to the correct conclusion that under Article 59 …

Until Sale Deed Is Registered, Ownership Of Immovable Property Isn't Transferred : Supreme Court
2 months, 3 weeks ago

Until Sale Deed Is Registered, Ownership Of Immovable Property Isn't Transferred : Supreme Court

Live Law  

The Supreme Court has reiterated that the ownership of an immovable property does not get transferred until the sale deed is registered. "Where the sale deedrequires registration, ownership does not pass until the deed is registered, even if possession is transferred, and consideration is paid without such registration. Reference was made to the judgment in Babasheb Dhondiba Kute vs. Radhu …

Sale Deed Executed After Adoption By Mother For Pre-Adoption Property Binding On Adopted Child : Supreme Court
2 months, 4 weeks ago

Sale Deed Executed After Adoption By Mother For Pre-Adoption Property Binding On Adopted Child : Supreme Court

Live Law  

The Supreme Court today observed that although a widow female Hindu's adopted child's rights relate to the date of the adoptive father's death, it would not divest the rights acquired by a female Hindu before an adoption. In other words, the court stated that any transaction made by the adoptive mother regarding the suit property acquired by her prior to …

Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains
3 months, 1 week 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
3 months, 1 week 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. …

'Consideration' Need Not Be Monetary: Supreme Court Upholds Settlement Deed Requiring Transferee To Care For Transferors & Do Charity
4 months, 2 weeks ago

'Consideration' Need Not Be Monetary: Supreme Court Upholds Settlement Deed Requiring Transferee To Care For Transferors & Do Charity

Live Law  

The Supreme Court upheld a property transfer based on a settlement deed requiring the transferee to care for the transferors and perform charitable work. The respondents argued that the settlement deed was nothing but a gift deed because it was without consideration as taking care of the transferor and doing social work would not qualify as consideration. Observation Setting aside …

Conveyance Takes Place Only At Time Of Registration Of Sale Deed; Need For Sanction For Conveyance Doesn't Bar Agreement To Sell : Supreme Court
1 year ago

Conveyance Takes Place Only At Time Of Registration Of Sale Deed; Need For Sanction For Conveyance Doesn't Bar Agreement To Sell : Supreme Court

Live Law  

The Supreme Court observed that conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with Section 17 of the Registration Act, 1908. When the matter reached the High Court, the issue was “Whether a decree for specific performance of land to be transferred from tribal to non-tribal can be …

Ownership Over Property Can't Be Claimed When Sale Deed Is Executed By Person Having No Title : Supreme Court
1 year, 1 month ago

Ownership Over Property Can't Be Claimed When Sale Deed Is Executed By Person Having No Title : Supreme Court

Live Law  

The Supreme Court held that a sale deed executed by the person in the plaintiff's favor wouldn't entitle the plaintiff to claim ownership/possession over such property. Reversing the findings of the High Court which held the plaintiff to be an owner of the property, the Bench Comprising Justices Sanjay Karol and Sanjay Kumar observed that the mere participation of the …

Transfer Of Property Act | Unregistered Sale Deed Admissible As Evidence For Considering Relief Of Specific Performance: Patna HC
1 year, 3 months 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 …

Specific Performance Of Re-Conveyance Deed Can't Be Sought When Plaintiff Denies Defendant's Title In Property : Supreme Court
1 year, 3 months ago

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

Live Law  

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, 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 …

Certified Copy Of Sale Deed Is Secondary Evidence U/S 63 Evidence Act, Does Not Prove Its Execution: Tripura High Court
2 years, 1 month 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 …

Execution Of Document Does Not Stand Admitted Merely Because A Person Admits To Having Signed It: Supreme Court
2 years, 10 months ago

Execution Of Document Does Not Stand Admitted Merely Because A Person Admits To Having Signed It: Supreme Court

Live Law  

The Supreme Court observed that the execution of a document/deed does not stand admitted merely because a person admits to having signed the document/deed.The "term" execution in Section 35 Registration Act means that a person has signed a document after having fully understood it and consented to its terms, the bench comprising Justices DY Chandrachud, AS Bopanna and Bela M. …

Judgment Must Have Clarity On Exact Relief Granted So As To Avoid Difficulty In Execution : Supreme Court
3 years ago

Judgment Must Have Clarity On Exact Relief Granted So As To Avoid Difficulty In Execution : Supreme Court

Live Law  

In a matter related to land acquisition, the Supreme Court recently observed that judgment must have a clarity on the exact relief that is granted by the Court so that it may not create further complication and/or difficulty in the execution.The bench of Justices MR Shah and BV Nagarathna made this observation while considering appeals preferred by the claimants landowners …

Absence Of Prior Approval By State Government Before Executing The Sale Deed Would Vitiate And Invalidate The Document: Karnataka High Court
3 years, 3 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, 5 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 …

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