Transfer Of Property Act

Dalip Singh (D) vs Sawan Singh (D) Through 2025 INSC 1498 - TP Act -Usufructuary mortgage - Limitation

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Code Of Civil Procedure

Danesh Singh v. Har Pyari (D) 2025 INSC 1434 - Order XI CPC - Transfer Of Property Act

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Code Of Civil Procedure

L.K. Prabhu v. K.T. Mathew; 2025 INSC 1364- Order XXXVIII Rule 5 CPC - Attachment Before Judgment - Already Transferred Property

Read Judgment In LawLens Code of Civil Procedure 1908- Order XXXVIII Rules 5,8 & Order XXI Rule 58 ; Transfer of Property Act - Section 53- Attachment before judgment under Order XXXVIII Rule 5 CPC could not be extended to the property already transferred. (Para 20) Code of Civil Procedure

Registration Act

Samiullah vs State of Bihar; 2025 INSC 1292- Registration Act - Title

Registration Act - The Registration Act mandates registration of documents, not the title and this distinction is the fundamental character of our country’s presumptive titling system through registration. Thus, registration of a document recording purchase of immovable property does not confer guaranteed title of ownership, instead it only serves

Muslim Law

Zoharbee vs Imam Khan (D) 2025 INSC 1245 - Muslim Law - Matruka Property

Muslim Law- Matruka Property - The property, both movable as well as immovable left by a deceased muslim is called Matruka- matruka property simply refers to property left behind by deceased person and nothing more. Regarding the devolution of matruka property, Will is the first document that is to be

Transfer Of Property Act

Ramesh Chand (D) vs Suresh Chand 2025 INSC 1059 - Ss. 53A, 54 TP Act - Will - Power Of Attorney - Agreement To Sell

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Transfer Of Property Act

J.Radha Krishna vs Pagadala Bharathi - S. 126 TP Act- Cancellation Of Gift Deed

Transfer of Property Act 1882- Section 126 - Donor cancelled the Gift deed by way of deed of cancellation and executed a Will in favour of another person - SC dismissed SLP against Andhra Pradesh HC judgment that had held thus: Under Section 126 of the Act, if a gift

Civil Law

Vinod Infra Developers Ltd. vs Mahaveer Lunia 2025 INSC 772 - CPC - Rejection Of Plaint - TP Act - Registration Act

❓Can a plaint be rejected in its entirety merely because one of the prayers or reliefs sought is legally untenable? Code of Civil Procedure 1908 - Order VII Rule 11 - a plaint cannot be rejected in its entirety merely because one of the prayers or reliefs sought is legally

Civil Law

State Of Telangana vs Dr. Pasupuleti Nirmala Hanumantha Rao Charitable Trust 2025 INSC 679 - S.10 TP Act - Land Allotment

Transfer of Property Act 1882- Section 10 ; Telangana Alienation of State Lands and Land Revenue Rules, 1975 - When the State had allotted land to public trust for public purpose, the State cannot be put in the normal classical inter vivos party’s position as public interest is supreme and

Civil Law

Rajeev Gupta vs Prashant Garg 2025 INSC 552 - Limitation Act - TP Act - Suit For Declaration

Limitation Act 1961 - Article 58- If cause of action to sue means accrual of the right for an actionable claim, it is the moment from which such right first accrues that the clock of limitation would start ticking -Even though cause of action for instituting a suit might arise

Civil Law

Correspondence, RBANMS Educational Institution vs B. Gunashekar 2025 INSC 490 - TP Act - Income Tax

Civil Suits - Income Tax Act 1961 - Section 269ST -(A) Whenever, a suit is filed with a claim that Rs. 2,00,000/- and above is paid by cash towards any transaction, the courts must intimate the same to the jurisdictional Income Tax Department to verify the

Civil Law

Som Nath vs Ravinder Kumar - S. 54 TP Act- Sale - East Punjab Urban Rent Restriction Act

Transfer of Property Act, 1882-Section 54 - A contract for the sale of immovable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself create any interest in or charge on such property. Thus, even if

Civil Law

N.P. Saseendran vs N.P. Ponnamma 2025 INSC 388 - Gift, Settlement & Will

Transfer of Property Act, 1882- Section 122 -128- Gift - Delivery of possession is only one of the methods to prove acceptance and not the sole method. The receipt of the original document by the plaintiff and registration of the same, would amount to acceptance of the gift and the

Civil Cases

Raju Naidu vs Chenmouga Sundra 2025 INSC 368 - Execution -Limited Rights Of Transferee Pendent Lite

Code of Civil Procedure, 1908 - Order XXI - Transfer of Property Act - Section 53A -Limited rights of the transferee pendent lite on the principle of lis pendens - Such limited rights cannot be stretched to obstruct and resist the full claim of the decree holders to execute the

Civil Law

M. S. Ananthamurthy vs J. Manjula 2025 INSC 273- Transfer of Property - Registration Act - Power Of Attorney - Res Judicata

Transfer of Property Act 1882- Section 54,55 - An agreement to sell does not meet the requirements of Sections 54 and 55 of the TPA to effectuate a ‘transfer’ -A transfer of immovable property by way of sale can only be by a deed of conveyance. An agreement to

Civil Law

Cosmos Co. Operative Bank Ltd. vs Central Bank Of India 2025 INSC 243 - TP Act - Equitable Mortgage - Charge

Equitable mortgage -Where under the law no mortgage or charge is said to have been created over a property i.e., no conveyance of a right or interest over the subject property has been effected, yet if the intention of parties to create a mortgage is clear, equity would demand

Code Of Civil Procedure

H Anjanappa vs A Prabhakar 2025 INSC 121 - Ss 96,100 CPC - S 52 TP Act -Leave To Appeal

Code of Civil Procedure 1908 - 96 and 100 - A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies the court that he falls within the category of an aggrieved person- It is only where a judgment and decree prejudicially affects a person who

Transfer Of Property Act

Indian Overseas Bank vs M.A.S Subramanian - S 54 TP Act - Agreement For Sale

Transfer of Property Act, 1882 - Section 54 - An agreement for sale in respect of an immovable property does not transfer title in favour of the purchaser under the agreement -An agreement for sale does not create any interest in the property. The only mode by which an immovable

Transfer Of Property Act

Sanjay Sharma vs Kotak Mahindra Bank Ltd. - S 54 TP Act- Public Auction

Transfer of Property Act, 1882- Section 54 ; Registration Act, 2008 - Section 17 - Where the sale deed requires registration, ownership does not pass until the deed is registered, even if possession is transferred, and consideration is paid without such registration. The registration of the sale deed for an immovable

Family Law

Sri Mahesh vs Sangram 2025 INSC 14 - Hindu Adoptions and Maintenance Act - Relation Back Principle - Gift

Hindu Adoptions and Maintenance Act, 1956- Section 16 - wherever any document registered under the law is produced before the court purporting to record an adoption made and is signed by the persons mentioned therein, the court should presume that the adoption has been made in compliance with the provisions

Transfer Of Property Act

Giriyappa vs Kamalamma 2024 INSC 1043 - S 53A Transfer Of Property Act

Transfer of Property Act - Section 53-A-Protection of a prospective purchaser/transferee of his possession of the property involved, is available subject to the following prerequisites: (a) There is a contract in writing by the transferor for transfer for consideration of any immovable property signed by him or on his

Transfer Of Property Act

Naeem Bano Alias Gaindo vs Mohammad Rahees 2024 INSC 1000 - Art. 254 Constitution - S 106 TP Act

Constitution of India - Article 254 ; Transfer of Property Act 1882 - Section 106 -When any subject is within the scope and ambit of the concurrent list, both the Parliament as well as the State Legislature have the legislative competence to make laws on the said subject- Legislature of State

Transfer Of Property Act

CELIR LLP vs Sumati Prasad Bafna 2024 INSC 978 - S 52 TP Act - Lis Pendens - Contempt Of Court

Transfer of Property Act 1882 -Section 52- Doctrine of Lis Pendens - Although Section 52 does not render a transfer pendente lite void yet the court while exercising contempt jurisdiction may be justified to pass directions either for reversal of the transactions in question by declaring the said transactions to

Transfer Of Property Act

Naresh Kumari vs Chameli 2024 INSC 965 - S 127 TP Act - Gift

Transfer of Property Act 1882 - Section 127- Although Section 127 of TPA permits an onerous gift but a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal

Transfer Of Property Act

Leela Agrawal Vs Sarkar 2024 INSC 946 - S 58(c) TP Act - Mortgage By Conditional Sale

Transfer of Property Act - Section 58(c) -The ingredients of a mortgage by conditional sale under Section 58(c) of the Act are as follows: (i) The mortgagor ostensibly sells the mortgaged property to the mortgagee. (ii) Such ostensible sale is subject to any one of the following conditions: