The Supreme Court has said that the ownership of the property will be transferred only when the sale deed is registered. Possession or payment does not transfer ownership. A valid sale of property worth more than Rs 100 is valid only through a registered document.
The Supreme Court has said that the ownership of any immovable property is not transferred until the sale deed is registered. The ownership of the property is not transferred merely by taking possession of the property or handing over the property and making payment.
Property will be transferred only through registered documents.
In its judgment given last month, a bench headed by Justice BV Nagarathna said that as per the provision of Section 54 of the Transfer of Property Act, 1882, property can be transferred only through registered documents. The sale of immovable property worth Rs 100 or more will be considered valid only if it is done through a registered document.
Possession is also of no use!
The Supreme Court has made these comments in favour of an auction buyer. Another person had raised an objection and claimed possession of a part of the property but this claim was based on an unregistered ‘agreement to sell’ and general power of attorney. The court rejected the objection. Many times people buy property through power of attorney and will through property dealers or middlemen. This decision of the Supreme Court will prove to be a precedent in such cases.
Hearing in the Supreme Court on the appointment of Election Commissioners
A petition challenging the law made for the appointment of the Chief Election Commissioner (CEC) and Election Commissioners was heard in the Supreme Court on Wednesday. During this, the court has said that this matter is related to the opinion of the court versus the power of the legislature to make laws. The bench led by Justice Suryakant fixed February 4 as the date for the next hearing of the case and said that it will see whose opinion is supreme.
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