Category: Property Matters

Transfer of Property Act, 1882 – Section 52 – It is settled legal position that the effect of Section 52 is not to render transfers effected during the pendency of a suit by a party to the suit void; but only to render such transfers subservient to the rights of the parties to such suit, as may be, eventually, determined in the suit.

SUPREME COURT OF INDIA DIVISION BENCH MADHUKAR NIVRUTTI JAGTAP AND OTHERS — Appellant Vs. SMT. PRAMILABAI CHANDULAL PARANDEKAR AND OTHERS — Respondent ( Before : Abhay Manohar Sapre and Dinesh…

Transfer of Property—If at the time of transfer, the seller might have a defective title or have no title and/or no right or interest, however subsequently the seller acquires the right, title or interest and the contract of transfer subsists, in that case at the option of the buyer, such a transfer is valid

2019(2) Law Herald (SC) 1394 : 2019 LawHerald.Org 931: (2019) AIR(SC) 927 : (2019) 133 ALR 698 : (2019) 2 ALT 28 : (2019) 1 ApexCourtJudgments(sC) 459 : (2019) 1…

Alienation of property of minor by natural guardian—Minor died before attaining majority—Limitation to avoid instrument made by guardian of the ward is 03 years from the death of ward as provided in Article 60 of Limitation Act Alienation of property of minor—Without praying for setting aside the sale deeds executed by natural guardian of minor (father), the suit for declaration and possession was not maintainable

2019(2) Law Herald (SC) 972 : 2019 LawHerald.Org 778 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 1782…

Appellants cannot be deprived of a plot allotted to her merely on the basis that she has not made any grievance in respect of possession of the plot allotted on the basis of technicities. If such allotment is found to be made, the appellant would be entitled to possession of the plot of 250 sq. yards. If it is found that the plot allotted to the appellant is not available, the Registrar or its delegate shall pass such necessary order to redress the grievance of the appellant after giving an opportunity of hearing to the affected persons

SUPREME COURT OF INDIA DIVISION BENCH NISHA SINGLA — Appellant Vs. ADARSH COLONY COOPERATIVE HOUSE BUILDING SOCIETY LTD AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and…

Displaced Persons (Compensation and Rehabilitation) Act, 1954 – Sections 22 and 24 – Entitlement of the land–we are of the opinion that if the appellants are directed to pay some more reasonable amount considering the fact that number of years have passed and even the price of the land has also increased, it would meet the ends of justice. At the same time, to direct the appellants to pay the present market value/market price would also be unreasonable. Therefore, taking into over all facts and circumstances of the case, we are of the opinion that if the appellants are directed to pay Rs. 3,66,30,000/- towards the cost of the land and Rs. 20,00,000/- towards the cost of construction of the existing building, it will meet the ends of justice–we are of the opinion that if the appellants are directed to pay some more reasonable amount considering the fact that number of years have passed and even the price of the land has also increased, it would meet the ends of justice. At the same time, to direct the appellants to pay the present market value/market price would also be unreasonable. Therefore, taking into over all facts and circumstances of the case, we are of the opinion that if the appellants are directed to pay Rs. 3,66,30,000/- towards the cost of the land and Rs. 20,00,000/- towards the cost of construction of the existing building, it will meet the ends of justice

SUPREME COURT OF INDIA DIVISION BENCH GURDEV SINGH AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and M.R. Shah, JJ.…

Auction Sale—Lease hold property or Free hold property—While interpreting the Sale Deed, the auction notice has to be looked into to find out the nature of transaction—Sale Deed cannot be read divorced to the auction notice or contrary to auction notice Unearned Increase—When the auction was made on the market value of the property, then there was no question of claiming of unearned increase by the development authority   

2019(1) Law Herald (SC) 845 : 2019 LawHerald.Org 722 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 1533…

On the peculiar facts and circumstances, it may not be just to deny the plot to the appellant, inspite of having been allotted plots, both under the general category and under the Government employees quota. In the circumstances, we are of the view that the HUDA should accept the belated production of Integrity Certificate and confirm the allotment of Plot No. 946 (Sector 25) to the appellant

2009(1) LAW HERALD (SC) 615 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice  J.M.Panchal Civil Appeal No. 607 of 2009 (Arising…

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