Topic
Section 54
2 articles
Property Law
A Sale Needs a Sale Deed: Suraj Lamp & Industries v. State of Haryana on GPA Sales and SA/GPA/Will Transfers
An agreement to sell, an irrevocable power of attorney and a will, however carefully assembled, do not add up to a sale. The Supreme Court's 2011 reference judgment remains the starting point for any due-diligence review of a property held on such papers.
7 min readProperty Law
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 read