Conveyancing Due Diligence
4 articles
Supreme Court Doubts the 'Fraudulent Intent' Test for Stamp Duty Undervaluation, Refers the Question to a Larger Bench
A two-judge Bench of the Supreme Court has cast doubt on a sixteen-year-old precedent requiring proof of dishonest intent before a registering authority can refer an undervalued sale deed for a stamp-duty enquiry — and referred the question to a larger Bench rather than decide it alone.
13 min readA Forty-Year-Old Land Title Cannot Be Reopened by Recasting the Dispute as Encroachment, Supreme Court Holds
A department reopened a forty-year-old land record on the strength of a third-party complaint that a lake was being encroached upon. The Supreme Court held that framing the dispute as one of public interest does not let a revenue authority sidestep a statutory limitation period that had expired decades earlier.
13 min readA Housing Board's Highest Bidder Gets No Vested Right to Allotment, Rajasthan High Court Holds
Across thirteen connected appeals, homebuyers who had offered the highest price at Rajasthan Housing Board auctions saw their allotments quashed after the Board relied on departmental comparisons of nearby, similarly sized properties. The High Court held that being the highest bidder is not enough where approval is still pending — but the authority's own reasons must survive scrutiny too.
12 min readAn Assigned NBFC Loan Becomes a SARFAESI Debt the Moment a Bank Takes It Over, Supreme Court Holds
Three home and business borrowers argued that a debt born outside SARFAESI's reach cannot be dragged into it later just because a bank buys the loan. The Supreme Court disagreed, and the ruling reaches every residential flat standing behind an assigned NBFC mortgage.
13 min read