Property, transfer and registration
Transfer of Property Act, registration and easements.
12 of the 13 judgments in our library on this topic: the ones other judgments here cite most, oldest first.
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Start: Seth Ganga Dhar v. Shankar LalYour progress is kept in this browser. Sign in to keep it on every device and count it in your reading streak.
15 April 1958
Seth Ganga Dhar v. Shankar LalA term postponing redemption of a mortgage for eighty-five years was held not to be a clog on the equity of redemption, as the bargain was fair; the redemption suit filed before that period ended was premature.
On this path for: Section 60, Transfer of Property Act, 1882
19 May 1959 · 3 judges
Associated Hotels of India Ltd. v. R.N. KapoorBy majority, two cloak rooms in the Imperial Hotel let to a hair-dresser were 'rooms in a hotel' excluded from the Delhi and Ajmer-Merwara Rent Control Act, 1947, so no standard rent could be fixed; the appeal was allowed.
On this path for: Section 105, Transfer of Property Act, 1882; Section 52, Indian Easements Act, 1882
16 October 1969 · 2 judges
Nathulal v. PhoolchandA purchaser in possession under a written agreement of sale could resist the vendor's suit for possession under Section 53A of the Transfer of Property Act, being willing to pay once the vendor performed his earlier obligations.
On this path for: Section 53A, Transfer of Property Act, 1882; Section 4, Transfer of Property Act, 1882
21 January 1976 · 3 judges
Kale v. Deputy Director of ConsolidationAn oral family arrangement needs no registration, and a later petition merely informing the revenue court of it for mutation is not compulsorily registrable; the arrangement, acted upon for years, binds the parties.
On this path for: Section 17(1)(b), Registration Act, 1908
13 February 1990 · 2 judges
Dorab Cawasji Warden v. Coomi Sorab WardenThe Court laid down guidelines for interlocutory mandatory injunctions and restored an injunction keeping a stranger purchaser out of a family dwelling house under Section 44 of the Transfer of Property Act.
On this path for: Section 44 (second paragraph), Transfer of Property Act, 1882
1 July 2000 · 3 judges
Anthony v. K.C. Ittoop and SonsAn unregistered five-year lease deed cannot create a lease, but a tenant put in possession on monthly rent holds a lease of up to one year under Section 107 TPA and is protected by the Rent Act.
On this path for: Section 107, Transfer of Property Act, 1882; Section 105, Transfer of Property Act, 1882; Section 17(1)(d), Registration Act, 1908
22 January 2002 · 2 judges
Shrimant Shamrao Suryavanshi v. Pralhad Bhairoba SuryavanshiA transferee in possession under part performance can defend that possession under Section 53A of the Transfer of Property Act even though a suit for specific performance of the agreement has become time-barred.
On this path for: Section 53A, Transfer of Property Act, 1882
5 May 2011 · 2 judges
Hafeeza Bibi v. Shaikh FaridA Muslim gift (hiba) satisfying declaration, acceptance and delivery of possession is valid even if recorded on unregistered paper. The writing is not an instrument of gift needing registration under Section 17 of the Registration Act.
On this path for: Section 17, Registration Act, 1908; Section 129, Transfer of Property Act, 1882; Section 123, Transfer of Property Act, 1882
11 October 2011 · 3 judges · cited by 1 judgment in this library
Suraj Lamp and Industries (P) Ltd. v. State of HaryanaSale Agreement/General Power of Attorney/Will (GPA sale) transactions do not convey title or create any interest in immovable property; immovable property can be transferred only by a registered deed of conveyance.
On this path for: Section 54, Transfer of Property Act, 1882; Section 53A, Transfer of Property Act, 1882; Section 5, Transfer of Property Act, 1882
21 February 2013 · 2 judges
Thomson Press (India) Ltd. v. Nanak Builders and Investors Pvt. Ltd.A purchaser who bought the suit property during a specific performance suit, with notice of the prior agreement and in breach of a restraint order, was not a bona fide purchaser but was allowed to be added as a defendant.
On this path for: Section 52, Transfer of Property Act, 1882
9 August 2019 · 3 judges · cited by 1 judgment in this library
Pioneer Urban Land and Infrastructure Ltd. v. Union of IndiaThe 2018 amendments to the Insolvency and Bankruptcy Code treating home buyers (allottees) as financial creditors are constitutionally valid; RERA and the Code operate concurrently, the Code prevailing in case of conflict.
On this path for: Section 88, Real Estate (Regulation and Development) Act, 2016
1 November 2023 · 2 judges
Shakeel Ahmed v. Syed Akhlaq HussainNo title to immovable property passes under an unregistered agreement to sell or general power of attorney, so a suit for possession and mesne profits founded on such documents is not maintainable.
On this path for: Section 17, Registration Act, 1908; Section 49, Registration Act, 1908; Section 54, Transfer of Property Act, 1882
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