Sale Deed
4 articles
Non-Payment of Sale Consideration Cannot Void a Registered Sale Deed: The Allahabad High Court Revisits Section 54 of the Transfer of Property Act
In Devendra Singh v. Great Home Developers Pvt. Ltd., the Allahabad High Court held that a registered sale deed reciting full receipt of consideration and delivery of possession cannot be cancelled merely because the buyer's cheques were later dishonoured, since Section 54 of the Transfer of Property Act makes actual payment no precondition to a completed sale — the seller's remedy lies in a suit for the balance price, not in unwinding the conveyance.
13 min readSupreme Court Clarifies When a Limitation Plea Can Be Tried as a Preliminary Issue in Title Suits
In John Mathew v. Santha Paul, the Supreme Court set aside a decade of rulings on limitation in a suit challenging a power-of-attorney sale deed, holding that Order XIV Rule 2(2) CPC permits a qualifying issue to be tried first only before the court has embarked on a composite trial of all issues — not after evidence has already been led. The Court also left open, for retrial, whether the suit is governed by the three-year period for cancelling an instrument or the twelve-year period for recovering possession.
13 min readGujarat High Court: Calling a Power of Attorney 'Irrevocable' Does Not Make It So
Deciding two second appeals arising from a thirty-year dispute over agricultural land near Gandhinagar, the Gujarat High Court has reaffirmed that an 'irrevocable' power of attorney is irrevocable only if it is coupled with an interest in the property under Section 202 of the Indian Contract Act — and that a sale deed executed by an agent after valid cancellation conveys no title at all, however registered it later becomes.
14 min readRegistered Deeds Are Not Unwound by Afterthought: Gujarat High Court on Part-Payment, Fraud Pleadings and the Fragmentation Act
A seller who takes the cheques, signs the register, and only later complains that the office computer was slow has an uphill pleading burden. This case note works through the Gujarat High Court's reasoning on registered sale deeds, consideration, non est factum and the Fragmentation Act.
13 min read