Transfer of Property Act 1882
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 readBombay High Court: A 'Caretaker Agreement' Calling Itself a Tenancy Is Still a Licence
Ending a three-decade dispute over a Vashi APMC market shop, the Bombay High Court has reaffirmed that the decisive test for a lease is transfer of the right to enjoy property with exclusive possession — not the presence of the word 'rent' or even a literal but internally inconsistent recital of tenancy.
13 min readEarnest Money Forfeited, Part-Payment Refunded: Delhi High Court Draws the Line in a Failed Agreement to Sell
A buyer paid Rs. 17.5 lakh under an Agreement to Sell, then defaulted. The seller kept it all. The Delhi High Court had to work out how much of that money was truly earnest money — and how much was simply price paid too early.
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