Property Law

The Supreme Court held that a loanee cannot take advantage of their own breach to nullify a transaction. Only the aggrieved party could seek to set aside such a sale. Machhindranath secured a loan from a co-operative society by putting his ancestral land as security. During the course of the loan, he signed a formal […]

The Supreme Court held that developers must refund the principal amount paid against a sale of property with interest for delays in delivering homes, but are not liable to pay interest on personal loans taken by buyers to finance their properties. Anupam Garg had secured a flat allotment under the Greater Mohali Area Development Authority’s

Two questions- Whether the construction on an encroached land is protected under Section 51 of the Constitution of India? Whether silence of defendant at the time of construction would amount to estoppel of her right to claim her property in question? The Supreme Court stated that to fall under the scope of Section 51 of the Transfer

Interference made by High Court under impugned judgment so far as additional compensation assessed by Reference court is concerned, is neither supported by material on record nor sustainable in law. Interference with award of additional compensation, by Reference Court in exercise of its power under S. 18, when permissible, explained.   [Ambalal Babulal Patel v.

Award or document providing for effectuating a division of joint family properties in the future, held, fell under S. 17(2)(v) and was thus exempt from compulsory registration. Test in such a case is whether document/award itself creates an interest in a specific immovable property or merely creates a right to obtain another document of title.

Subsequent events effecting partnership business. With the death of both partners and not having any clause permitting continuation of the partnership by legal heirs, the nonresidential tenanted premises, held, are deemed to be vacant in law as the tenant is deemed to have ceased to occupy the building. Davesh Nagalya (dead) and others v. Pradeep

As per sec 17(1)(d), leases of immovable property from year to year or for any term exceeding one year, or reserving a yearly rent requires compulsory registration. Held, the rent note, which we are considering contains only monthly rent and payment month by month. When the clauses of rent note are cumulatively read, the intention

Section 122- Acceptance by or on behalf of donee must be made during the lifetime of the donor and while he is still capable of giving. Section 123- Execution of gift deed registered bearing the signature of the donor and attested by at least two witnesses Acceptance of such a gift makes the gift of

Clarified Right of pre-emption and its Nature and scope. The plaintiff (Beni Prasad) had a superior right of pre-emption by virtue of the provisions of Section 6(3) of Rajasthan Pre-emption Act 1966, since he was the brother of the second defendant. Devicharan has an inferior right of pre-emption as compared to Beni Prasad. Hence his