Transfer Of Property Act : Important Supreme Court Judgments Of 2024

1. If Deed Was Executed By Person Without Title, Successors Cannot Enforce Rights On Property Based On Such Deed : Supreme CourtCase Title: KIZHAKKE VATTAKANDIYIL MADHAVAN (D) THR. LRS vs. THIYYURKUNNATH MEETHAL JANAKI, Citation : 2024 LiveLaw (SC) 293The Supreme Court held if someone tries to transfer property rights to another person through a legal document but doesn't actually own those rights, the new owner or their successors won't have the legal right to claim those rights from that document.2. Registered Sale Deed Operates From Date Of Execution When Entire Consideration Is Paid; Unilateral Changes After Execution Invalid : Supreme CourtCase Title: Kanwar Raj Singh (D) Th. Lrs. v Gejo. (D) Th.Lrs & Ors., Citation : 2024 LiveLaw (SC) 4The Supreme Court has held that changes made in a sale deed by one party unilaterally, after the registration of the deed and without the knowledge of the other party, have to be ignored.3. Sale Of Judgment Debtor's Whole Property Impermissible When Sale Of Part Property Can Satisfy Decree: Supreme CourtCase Title: BHIKCHAND S/O DHONDIRAM MUTHA (DECEASED) THROUGH LRS. VERSUS SHAMABAI DHANRAJ GUGALE (DECEASED) THROUGH LRS., Citation : 2024 LiveLaw (SC) 375The Supreme Court held that during the execution proceedings if the attachment of the judgment debtor's property takes place, then the executing courts shouldn't order the sale of the whole property when the part property could have satisfied the decree.4. Lis Pendens Doctrine Does Not Bar Property Purchaser From Seeking Impleadment In Suit : Supreme CourtCase Title: YOGESH GOYANKA VERSUS GOVIND & ORS., Citation : 2024 LiveLaw (SC) 457The Supreme Court reiterated that a registered sale deed cannot be held to be void merely because it was executed during the pendency of a suit in relation to the property. The doctrine of lis pendens under Section 52 of the Transfer of Property Act 1882 does not render the pendente lite transfer void.The Court also held that there is no bar for impleadment of the transferee who has purchased the suit property via a registered sale deed during the pendency of the suit.5. Transferring Public Property At Nominal Price Arbitrary; States' Right Can Be Sold Only By Auction/Transparent Process : Supreme CourtCase Title : City Montessori School Versus State of U.P. & Ors., Citation : 2024 LiveLaw (SC) 545The Supreme Court observed that the rights of the State in the property/land can be transferred only by adopting a fair and transparent process by which the State fetches the best possible price. “The rights of the State as the lessor can only be sold by a public auction or by any other transparent method by which, apart from the lessee, others too get a right to submit their offer. Selling the plot to its alleged lessee at a nominal price will not be a fair and transparent method at all. It will be arbitrary and violative of Article 14 of the Constitution of India.”, the court said.6. Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court ExplainsCase Title: GIRIYAPPA & ANR. VERSUS KAMALAMMA & ORS., Citation : 2024 LiveLaw (SC) 1038The Supreme Court recently observed that the transferee cannot claim protection under Section 53-A of the Transfer of Property Act, 1882 (“TPA”) if he fails to prove the execution of a sale agreement based on which possession was claimed. The Court also explained the conditions to invoke Section 53A.Section 53A of TPA acts as a shield for the prospective transferee who is holding possession of the immovable property under a contract of sale, that is not formally executed (not registered). The provision puts an obligation on the transferor to not enforce the contract against the transferee when the transferee has acted in accordance with the written agreement.7. Lis Pendens Doctrine Kicks In When Petition Is Filed & Not When Court Issues Notice; It Applies Even If Petition Was In Defect : Supreme CourtCase Title : M/s Siddamsetty Infra Projects Pvt Ltd v. Katta Sujatha Reddy and Others, Citation : 2024 LiveLaw (SC) 870The Supreme Court has held that the doctrine of lis pendens under Section 52 of the Transfer of Property Act,1882 will kick in from the moment a petition is filed in the Court and not at the stage when notice is issued by the Court.The Court also rejected the argument that the lis pendens doctrine wouldn't apply when the petition was lying in the Registry in a defective state.8. S.52 TP Act | Once Transaction Is Hit By Lis Pendens, Bona Fide Purchase Or Lack Of Notice Of Agreement Not Defences : Supreme CourtCase Title : Shingara Singh v. Diljith Singh and another, Citation : 2024 LiveLaw (SC) 795The Supreme Court reaffirmed that under the doctrine of lis pendens, a subsequent purchaser of a property during the pendency of a legal suit cannot claim protection as a bona fide purchaser, even if they lack notice of prior agreements. The judgment came in an appeal challenging a High Court decision that granted specific performance of a sale...

Transfer Of Property Act : Important Supreme Court Judgments Of 2024

Yash Mittal

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