Property Matters SCOI refused to hand over the construction of Noida-based La Residentia project to National Buildings Construction Corporation (NBCC). June 29, 2021 sclaw
Property Matters One-time lease rent constitutes payment for the entirety of the period of lease covered by the document – Therefore, that component of the amount which represents the remainder period after the plot is sold in terms of this Order, ought not to be charged by NOIDA from the Petitioners March 14, 2021 sclaw
Property Matters U L (Ceiling & Reg) Repeal Act, 1999 – Ss 3(1)(a) and S 3(2) – Ownership and possession -There is nothing on record, that conclusively establishes possession of the suit property either by the Competent Authority or the Appellant herein. Given the conflicting averments made by the parties, this is a pure question of fact – Matter to be remitted to the D B of the Karnataka High Court to consider the case afresh. February 25, 2021 sclaw
Property Matters Arbitration and Conciliation Act, 1996 – Ss 8 & 11 – Landlord-tenant disputes governed by the Transfer of Property Act, 1882 are arbitrable as they are not actions in rem but pertain to subordinate rights in personam that arise from rights in rem overrule the ratio laid down in Himangni Enterprises vs. Kamaljeet Singh Ahluwalia, (2017) 10 SCC 706 and hold that landlord-tenant disputes are arbitrable as the Transfer of Property Act does not forbid or foreclose arbitration – However, landlord-tenant disputes covered and governed by rent control legislation would not be arbitrable December 16, 2020 sclaw
Property Matters Every transfer of land not exceeding thirty standard acres made by a person upto the thirty first day of December, 1969 in favour of an agriculturist domiciled in Rajasthan- transfer was executed way before the cutoff date stipulated under Section 30DD i.e. 31.12.1969. Therefore, the registered gift deed dated 19.12.1963 was a bona fide transfer squarely covered within the ambits of Section 30DD, which intended to protect the rights of agriculturalists. December 13, 2020 sclaw
Property Matters Gift Deed Property – Deficiency in stamp duty on deed – Imposition of extreme penalty HELD Collector is not required by law to impose the maximum rate of penalty as a matter of course whenever an impounded document is sent to him. He has to take into account various aspects including the financial position of the person concerned – It is only in the very extreme situation that penalty needs to be imposed to the extent of ten times September 19, 2020 sclaw
Property Matters Gift Deed Property – Deficiency in stamp duty on deed – Penalty – Facility to deposit the penalty by post dated cheques cannot be approved and the appellant being subsequent purchaser was liable to deposit the amount of penalty which was outstanding against the property and which was subject matter of the gift deed. September 19, 2020 sclaw
Property Matters Urban Land (Ceiling and Regulation) Act, 1976 – Sections 20, 21 and 38(4) – Grant of exemption – competent authority being a creature of the statute under Section 2(d) of the Act, cannot act beyond its statutory jurisdiction and the exercise of its powers shall remain circumscribed by the provisions of the Act – Hence demand of price and recovery of property price outside the purview of act illegal. September 3, 2020 sclaw
Property Matters Decree of possession – A decree of possession does not automatically follow a decree of declaration of title and ownership over property – It is well settled that, where a Plaintiff wants to establish that the Defendant’s original possession was permissive, it is for the Plaintiff to prove this allegation and if he fails to do so, it may be presumed that possession was adverse, unless there is evidence to the contrary. August 28, 2020August 28, 2020 sclaw
Property Matters Pleas Of Title And Adverse Possession Cannot Be Advanced Simultaneously HELD The possession has to be in public and to the knowledge of the true owner as adverse, and this is necessary as a plea of adverse possession seeks to defeat the rights of the true owner.And From The Same Date HELD August 27, 2020 sclaw
