Articles for Conditional Sale

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 …

Supreme Court Property Court Citation Sale Title Transfer
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 …

Supreme Court Property Court Sale Suit Possession Defendant
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 …

Supreme Court Property Court Sale Suit Possession Defendant
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 …

Supreme Court Court Mortgage Property Sale Condition Transaction Document
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 …

Supreme Court Parties Transfer Act Condition Document Defendant
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]

Live Law  

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 …

Judgment Sale Mortgage Condition This Case Transaction Document