Search Results for Tag : Deed
Judgments
It is the duty of the first appellate court to scan evidence on record and pleadings and answer all issues(29.03.2018)
The case of the Plaintiff is that, he is the natural born son of Ekadasi Sahu. He was adopted by Naran Sahu. On 8th August, 1966, Naran Sahu executed .....
Tags : Deed, Execution, Right
Burden of proof to establish that transaction was entered into by pardanashin lady, after clearly understanding its nature, rest upon person who seeks to sustain a transaction(30.04.2018)
In instant case, Defendant No. 1 is the Appellant against a confirming judgment. Plaintiffs-Respondent Nos. 1 and 2 instituted the suit for declaratio.....
Tags : Gift deed, Execution, Fraud
FIR or complaint can be quashed even in non-compoundable offences, if Court is satisfied that parties have settled disputes amicably(09.04.2019)
The present petition is maintained by the Petitioners under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of FIR under Secti.....
Tags : Compromise deed, FIR, Quashing of
Courts, while exercising jurisdiction under Article 226 of the Constitution of India cannot annul the registered document on the ground of fraud and misrepresentation(03.03.2023)
The present writ petition has been filed for issue a writ of Mandamus directing the Respondent No. 4 to immediately cancel the impugned conveyance dee.....
Tags : Conveyance deed, Execution, Legality
Transaction which is recorded in defiance of prohibitory order shall have to be branded as illegal, if not void(10.03.2017)
In facts of present case, Petitioner is objecting to decision rendered by Debts Recovery Appellate Tribunal. Petitioner is purchaser of flat. The flat.....
Tags : Deed, Transaction, Validity
There must be a defeasance or default clause in order to make the gift revocable(02.09.2015)
A gift made by deed cannot be revoked unless there is a condition that on the failure to perform the condition the gift could be revoked. The Court di.....
Tags : Gift, deed, revoke, conditional
‘Undue influence’ in execution of a contract cannot be inferred merely because a family member was looking after his family elder(11.09.2019)
In present matter, the Plaintiff and Defendant No. 2 are brothers. Defendant No. 1 was the wife of Defendant No. 2. Respondents Nos. 1 to 3 are sons o.....
Tags : Sale deed, Execution, Undue Influence
Directions for dividing the property by metes and bounds is beyond the scope of powers of the Tribunal(10.10.2017)
The Petitioner impugns the order passed by the Maintenance Tribunal (under Maintenance & Welfare of the Parents and Senior Citizens Act, 2007). By the.....
Tags : Relinquishment deed, Legality, Transfer, Direction
True nature of document has to be determined in facts of each case; precedents, in abundance, will not suffice alone(24.10.2017)
The Plaintiff's suit for redemption of mortgage, decreed by the trial Court and affirmed in first appeal, having been reversed by the High Court, the .....
Tags : Document, Nature, Sale deed, Option to repurchase
Only because signature of one of parties is missing in a document, it cannot be concluded that such person did not join in execution of instrument(10.04.2018)
The question arises in present appeal is, as to whether a registered sale deed which does not bear signature of the vendor at the place where his name.....
Tags : Sale Deed, Execution, Validity
An under-raiyat is prohibited from transferring his interest as under-raiyat in any land though this interest is a heritable interest(08.12.2017)
Ramkrishna Datta, Dhirendra Chandra Ghosh and Lalit Mohan Ghosh, filed a suit in the trial court for declaration of their title on the suit land with .....
Tags : Sale deed, Execution, Raiyat, Rights
When there is no period agreed upon between the parties, duration has to be determined by referring to the object with which the tenancy is created(17.06.2020)
In present case, an application under Section 13 of East Punjab Urban Rent Restriction Act, 1949 was filed by the Appellant-landlord praying for evict.....
Tags : Eviction, Rent deed, Registration
Non-payment of a part of the sale price would not affect the validity of the sale(09.07.2020)
The present Civil Appeal has been filed to challenge the impugned Judgment passed by a Division Bench of the Gujarat High Court, which affirmed the Or.....
Tags : Sale deed, Registration, Validity
News
Kerala HC: Non Release of Seized Documents in Supreme Court is Illegal(01.04.2022)
Kerala High Court has held that the income tax department is unauthorized to retain the seizure of title deeds under Section 132 of the Income Tax Act.....
Tags : Kerala High Court, income tax department, title deeds, Section 132 of the Income Tax Act, 1961, Special Leave Petition
Madras HC: Marriages Can’t be Dissolved through Settlement Deeds(14.09.2016)
Madras HC has said that married couples cannot legally dissolve their marriages by simply entering into a mutual written agreement titled ‘Divorce Set.....
Tags : Madras HC , Divorce Settlement Deed
Madras HC: No Registration of Sale Deed in Unauthorised Layouts(12.09.2016)
Madras HC, while seeking to prevent further development of unauthorised layouts and conversion of agricultural areas for non-agriculture use in an unp.....
Tags : Madras HC, Sale Deed
Madras HC: Arbitration Clause Contained in Partnership Deed Survives Termination of Deed(25.04.2022)
Madras High Court has held that the arbitration clause contained in a partnership deed survives the termination of the deed. The Court held that the c.....
Tags : Madras High Court, Arbitration Clause Contained in Partnership Deed
Delhi HC Quashes Circular Empowering Registrar to Cancel Deed on Complaint of Fraud(24.10.2018)
Delhi High Court has quashed the circular issued by Delhi Government that empowered Registrars to cancel or recall a registered deed on receipt of any.....
Tags : Delhi High Court, Registrar, Deed Cancellation
Karnataka High Court: 18% GST payable on 'pattadar pass book cum title deed'(20.05.2022)
Karnataka High Court, while upholding the ruling of the Authority of Advance Ruling (AAR) has held that 18% GST is payable on 'pattadar pass book cum .....
Tags : Karnataka High Court, Goods and Services Tax, Title Deed
Delhi HC: Subrogation Deed Doesn’t Terminate Right of Assured to Initiate Arbitration(12.07.2022)
Delhi High Court has held that arbitration can be invoked by the insured even after entering into a subrogation-cum-assignment agreement with an insur.....
Tags : Delhi High Court, Subrogation Deed, Arbitration
Guj. HC: Bank can’t refuse Title Deed After clearing Charge over Property Through 3rd Party Sale Deed(25.07.2022)
Gujarat High Court has held that once the bank agrees to sell a property mortgaged with it by a loan defaulter and a third party pays full considerati.....
Tags : Gujarat High Court, Title Deed, Sale Agreement
ITAT: Nature of Land Sold is to be Ascertained Based on Sale Deed Executed(27.07.2022)
Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that the nature of land sold is to be ascertained based on the sale deed executed.
Tags : ITAT, Land, Sale Deed
AP HC: Mutation Order Cannot Be Based On Title Deed When Title To Property is Under Dispute(14.10.2022)
Andhra Pradesh High Court, while hearing a writ petition challenging the mutation proceedings and the mutation order has ruled that mutation orders mu.....
Tags : Andhra Pradesh High Court, mutation, title deed
SC Delivers Split Verdict on Issue ‘Is Non-Production of Power of Attorney Fatal to Title Suit?’(16.01.2023)
Supreme Court Division Bench has delivered a split verdict in a plea pertaining to the issue that when a sale deed is executed on the strength of a de.....
Tags : Supreme Court, Sale Deed, Power of Attorney, Title Suit
Cal HC: Subsequent Undertaking by Transferee to Provide Basic Amenities is Part of Transfer Deed(27.03.2023)
Calcutta High Court has held that declaration is in form of an undertaking given by transferee containing specific condition that he would look after .....
Tags : Calcutta High Court, Declaration, Gift Deed, Amenities
Madras High Court: Registration of Sale Deed Cannot Be Refused Summarily(10.04.2017)
Madras High Court has made it clear that registration authorities cannot simply refuse to register a sale deed merely on ground that it was objected t.....
Tags : Madras High Court, Sale Deed
HP HC: Sale Deed is Relevant Factor in Determining Compensation(14.03.2023)
Himachal Pradesh High Court has held that while determining value of the land, both acquisition of land award and the sale are relevant to determine t.....
Tags : Himachal Pradesh High Court, Compensation, Sale Deed
Bombay HC Allows Correction in Sale Deed After Thirty-Eight Years(16.03.2023)
Bombay High Court while observing that Court under Section 151 and 152 of CPC has power to rectify errors has allowed corrections to be made in a sale.....
Tags : Bombay High Court, Sale Deed, CPC
Calcutta High Court: Gift Deed is Not Invalid Just Because it was Registered After Donor's Death(18.06.2019)
Calcutta High Court has noted that a deed of gift cannot be said to be invalid only because it was registered after the death of donor. It observed th.....
Tags : Calcutta High Court, Gift Deed
SC: Validity of Sale Deed Executed b/w co-defs. Can’t be Decided in Plaintiff’s Suit for Possession(08.05.2023)
Supreme Court has held that in plaintiff’s suit for possession, validity of sale deed executed between the defendants cannot be considered as it would.....
Tags : Supreme Court, Sale Deed, Validity, Co-Defendants
SC: Contract Containing Condition of right to Repurchase in Sale Deed is Enforceable(05.07.2023)
Supreme Court has held that condition of right to repurchase in sale deed will not be personal to the vendor unless the terms in the documents specifi.....
Tags : Supreme Court, Sale Deed, Repurchase, Enforceable
SC: Section 32, Registration Act Does Not Require the Presence of Parties During Registration of Sale(27.01.2020)
Supreme Court has observed that Section 32 of the Registration Act, 1908, does not require the presence of both parties to a deed of sale when the sam.....
Tags : Supreme Court, Registration of Sale Deed
Mad. HC: 'Love and Affection' is a Deeming Consideration for Executing the Gift Deed(12.09.2023)
Madras High Court while observing that Section 23 of Senior Citizen Act can’t be mis-utilised for rejecting complaint on ground that there is no expre.....
Tags : Madras High Court, Gift Deed, Love and Affection
SC Lays Down Requirements for a Successful Plea of Non Est Factum(21.08.2023)
Supreme Court while laying down requirements for successful plea of ‘Non Est Factum’, observed that such a plea can be taken by an executor/signatory .....
Tags : Supreme Court, Non Est Factum, Deed, Mistake
Madras HC Makes Production of Life Certificates of Principal Landowners Must for Registration(02.12.2015)
Madras HC has upheld authority of Inspector General of Registration (IGR) to issue circular instructing Sub-Registrars across State to insist on produ.....
Tags : Madras HC ,Inspector General of Registration , sale deeds for registration
Kerala HC: Cancellation Deed Need Not Be Done Where Trust Deed Was Registered(06.10.2021)
Kerala High Court has ruled that there is no stipulation that a deed of cancellation of a trust deed has to be done at the same place where it was reg.....
Tags : Kerala High Court, Cancellation Deed
SC: Unregistered Lease Deed Can be Admitted in Evidence to Show ‘Nature and Character of Possession’(28.09.2023)
Supreme Court has held that as per Section 49 of the Registration Act, 1908, unregistered lease deed can be admitted in evidence to show the nature an.....
Tags : Supreme Court, Unregistered Lease Deed, Evidence
Karnataka HC Quashes Absolute Sale Deed Registered in Violation of KHB Rules(01.10.2021)
Karnataka High Court has quashed an absolute sale deed registered in violation of rules by the Karnataka Housing Board (KHB) in respect of a civic ame.....
Tags : Karnataka High Court, Absolute Sale Deed
SC: Unilateral Cancellation of Registered Sale Deed Can't be an Anticipatory Bail Condition(20.09.2021)
Supreme Court has observed that a registered sale deed cannot be cancelled unilaterally by one party to the said document in purported compliance of t.....
Tags : Supreme Court, Cancellation of Registered Sale Deed
SC: Registration of Adoption Deed Doesn’t Absolve Party to Prove Fact of Adoption(22.11.2023)
Supreme Court has held that mere registration of an Adoption Deed does not absolve the person asserting such adoption from proving that fact by cogent.....
Tags : Supreme Court, Adoption Deed, Cogent Evidence
Mad. HC to State: Consider a Procedure for Registering Deed of Familial Association for LGBT Couples(20.11.2023)
Madras High Court while directing State Government to consider the proposal for introducing “Deed of Familial Association” to recognize the civil unio.....
Tags : Madras High Court, Deed of Familial Association, LGBT
Registering Authority Cannot Cancel/Set Aside An Already Registered Sale Deed: Allahabad HC(28.05.2018)
Allahabad High Court has held that a registered sale deed cannot be cancelled or set aside by registering authority or by any authority invoking admin.....
Tags : Allahabad High Court, Sale Deed
Kerala HC: State Can Bring Entire Territory for Enabling Mortgage by Deposit of Title-Deeds(16.12.2021)
Kerala High Court has observed that the provisions of Section 58(f) of the Transfer of Property Act, 1882 pertaining to Mortgage by deposit of title-d.....
Tags : Kerala High Court, Enabling Mortgage by Deposit of Title-Deeds
Karnataka HC: State To Make Corrections in Website to Enable Uploading of Sale Deeds(08.11.2021)
Karnataka High Court has directed the State government to make necessary changes/ corrections in the website to enable uploading of registered sale de.....
Tags : Karnataka High Court, Uploading of Sale Deeds
SC: Registered Sale Deed Where Entire Consideration is Paid Would Operate from Date of Execution(04.01.2024)
Supreme Court while observing that as per Section 47 of Registration Act, a registered sale deed where entire consideration is paid would operate from.....
Tags : Supreme Court, Registration Act, Section 47, Sale Deed
SC: Sale Deed Executed Without Payment of Price Is Void; Has No Legal Effect(23.11.2021)
Supreme Court has observed that the payment of price is an essential part of a sale. The Court has said that if a sale deed in respect of an immovable.....
Tags : Supreme Court, Sale Deed Executed Without Payment
SC: Cheque Dishonour Proceedings to be Quashed Once Settlement Deed is Signed by the Complainant(09.01.2024)
Supreme Court has held that once settlement has been arrived at and the complainant has signed the deed accepting a particular amount in full and fina.....
Tags : Supreme Court, Cheque Dishonour, Settlement Deed
SC: If Subletting in Derogation of Lease Deed, Sub-Lessee Continue to be Ostensible Holder(13.01.2022)
Supreme Court has held that if subletting is in derogation of the terms of the Lease Deed, then the sub-lessee continues to be the ostensible tenure h.....
Tags : Supreme Court, Subletting in Derogation of Lease Deed
SC: Successors Cannot Enforce Rights on Property Through a Deed Executed by Person Without Title(11.04.2024)
Supreme Court has held that if a deed regarding any property has been executed by a person without title, the successors or future owners shall not ha.....
Tags : Supreme Court, Successors, Title, Executed Deed