Transfer Of Property Act Archives - Supreme Court of India Judgements

August 26, 2026 12:21 pm

Property Matters Transfer Of Property Act

Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.

Aug 16, 2026 sclaw

2026 INSC 853 SUPREME COURT OF INDIA DIVISION BENCH NAZIM SHAIKH HASAN Vs. NASIR MUSHTAQ SHAIKH AND OTHERS ( Before : Prashant Kumar Mishra and N.V. Anjaria, JJ. ) Special…

Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Transfers of property made during the pendency of litigation are subject to the doctrine of lis pendens and are subservient to the final decision of the court — Such transfers are not void ab initio but remain invalid if the litigation goes against the transferor.

Apr 12, 2026 sclaw

2026 INSC 339 SUPREME COURT OF INDIA DIVISION BENCH RUSSI FISHERIES P. LTD AND ANOTHER Vs. BHAVNA SETH AND OTHERS ( Before : Pankaj Mithal and Prasanna.B. Varale, JJ. )…

Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 — Section 105 — Lease vs. License — Determining the nature of a document is based on the substance and intention of the parties, not just its wording — A lease transfers an interest in land, while a license merely permits use without transferring ownership or interest.

Feb 28, 2026 sclaw

2026 INSC 199 SUPREME COURT OF INDIA DIVISION BENCH THE GENERAL SECRETARY, VIVEKANANDA KENDRA Vs. PRADEEP KUMAR AGARWALLA AND OTHERS ( Before : Pankaj Mithal and S.V.N. Bhatti, JJ. )…

C P C Transfer Of Property Act

Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Scope and Applicability — Transfer of mortgaged property pendente lite (after institution of suit by bank for recovery/foreclosure but before execution/attachment) is hit by Section 52 — Lack of knowledge of proceedings or possession of No Encumbrance Certificate does not constitute a valid defence against lis pendens, as the doctrine is based on public policy and binds the transferee regardless of notice — Pendency of suit commences from presentation of plaint and continues until complete satisfaction or discharge of final decree, as per Explanation to Section 52 — Where a bank institutes a suit for recovery of a loan against a mortgagor, seeking sale of the mortgaged property upon default, the right/interest in the mortgaged property is “directly and specifically in question” even if the initial decree is only a money decree. (Paras 46, 49, 50, 52, 62, 66, 67, 70)

Dec 17, 2025 sclaw

2025 INSC 1434 SUPREME COURT OF INDIA DIVISION BENCH DANESH SINGH AND OTHERS Vs. HAR PYARI (DEAD) THR. LRS. AND OTHERS ( Before : J. B. Pardiwala and R. Mahadevan,…

C P C Registration Act Specific Relief Act Transfer Of Property Act

Registration Act, 1908 — Section 17(1)(e) — Compulsory registration of non-testamentary instruments — Assignment of a decree for specific performance of an agreement of sale of immovable property — Whether such assignment deed requires compulsory registration — HELD NO – A decree for specific performance of a contract for sale of immovable property does not, of itself, create any right, title, or interest in or charge on the immovable property (Section 54, Transfer of Property Act, 1882)

Nov 22, 2025 sclaw

2025 INSC 1329 SUPREME COURT OF INDIA DIVISION BENCH RAJESWARI AND OTHERS Vs. SHANMUGAM AND ANOTHER ( Before : J.B. Pardiwala and K. V. Viswanathan, JJ. ) Civil Appeal No.…

Transfer Of Property Act

Transfer of Property Act, 1882 — Sections 54, 55 — Agreement to Sell vs. Sale Deed — An agreement to sell by itself does not create any interest or charge on the property. Ownership passes only upon execution of a conveyance (sale deed). An agreement to sell, even with possession, is not a conveyance and does not confer title or transfer interest, except for the limited right under Section 53-A for protection against the transferor.

Oct 26, 2025 sclaw

2025 INSC 1245 SUPREME COURT OF INDIA DIVISION BENCH ZOHARBEE AND ANOTHER Vs. IMAM KHAN (D) THR. LRS. AND OTHERS ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ.…

Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 – Sections 105, 106, 107 and 108 – Registration Act, 1908 – Sections 17 and 49 – Unregistered deed of lease for immovable property – In the absence of a registered instrument, the courts are not precluded from determining the factum of tenancy from other evidence on record as well as the purpose of tenancy In the present case, factum of creation of tenancy has been established – But the purpose of tenancy, so as to attract the six months’ notice period under Section 106 of the 1882 Act cannot be established by such evidence as in such a situation, registration of the deed would have been mandatory

Jul 28, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S PAUL RUBBER INDUSTRIES PRIVATE LIMITED — Appellant Vs. AMIT CHAND MITRA AND ANOTHER — Respondent ( Before : Aniruddha Bose and Vikram Nath,…

C P C Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post.

Jul 20, 2025 sclaw

2025 INSC 859 SUPREME COURT OF INDIA DIVISION BENCH KRISHNA SWAROOP AGARWAL (DEAD) THR. LR. Vs. ARVIND KUMAR ( Before : Sanjay Karol and Joymalya Bagchi, JJ. ) Civil Appeal…

Transfer Of Property Act

Transfer of Property Act, 1882- Sections 41 and 52 – Sale deed executed during the pendency of a suit for permanent injunction is invalid under the principle of lis pendens – The court held that the doctrine of lis pendens applies to maintain status quo and prevent multiple proceedings by parties in different forums – The court further clarified that even if Section 52 of the Transfer of Property Act is not applicable in its strict sense, the principles of lis pendens, which are based on justice, equity, and good conscience, would certainly be applicable – The court set aside the judgment of the Punjab and Haryana High Court and directed the defendant to accept the balance sale consideration and execute the agreement to sell in favor of the plaintiff within three months from the date of the judgment.

May 5, 2024 sclaw

2024 INSC 377 SUPREME COURT OF INDIA DIVISION BENCH CHANDER BHAN (D) THROUGH LR SHER SINGH — Appellant Vs. MUKHTIAR SINGH AND OTHERS — Respondent ( Before : Sudhanshu Dhulia…

Rent Transfer Of Property Act

Transfer of Property Act, 1882 – Section 106 – Declaration of title – Permanent injunction – Quit notice – Validity of – Tamil Nadu City Tenants Protection Act, 1921 – After purchase of second schedule property from original owner, defendant rightly issued quit notice under Section 106 of Act 1882 to plaintiff

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHIDEEN ABDUL KHADAR (DEAD)THROUGH LRS. — Appellant Vs. RAHMATH BEEVI (D) THR. HER LRS. AND OTHER — Respondent ( Before : Aniruddha Bose and…

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Property Matters Transfer Of Property Act

Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.

Aug 16, 2026 sclaw

C P C

Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits.

Aug 16, 2026 sclaw

Customs & Excise

Extended Period Of Limitation Under Proviso To Section 11A, Central Excise Act Cannot Be Invoked When Facts Are Known To Department Without Wilful Suppression A. Central Excise Act, 1944 — Section 35L — Maintainability of appeal before Supreme Court — Preliminary objection raised by Department that appeal does not come under Section 35L as issue had no relation to rate of duty or valuation — Held, issue raised regarding extended period of limitation on ground of non-inclusion of certain costs in assessable value has an inextricable link with valuation of goods for purposes of assessment — Issue raised in show cause notice fundamentally dealt with valuation of goods — Supreme Court declined to relegate matter to High Court after almost a decade of pendency — Preliminary objection rejected.

Aug 16, 2026 sclaw

Category: Transfer Of Property Act

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