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1 - 10 of 22 (0.31 seconds)The Hindu Succession Act, 1956
Section 54 in The Transfer Of Property Act, 1882 [Entire Act]
The Registration Act, 1908
Section 3 in The Hindu Succession Act, 1956 [Entire Act]
The Transfer Of Property Act, 1882
Suraj Lamp & Industries (P) Ld.Tr.Dir vs State Of Haryana & Anr on 11 October, 2011
Contract for sale.—A contract for the sale of immoveable
property is a contract that a sale of such property shall take place on
terms settled between the parties. It does not, of itself, create any
interest in or charge on such property.”
The Hon'ble Apex Court in the judgment reported in AIR 2012
SUPREME COURT 206, [Suraj Lamp and Industries Pvt. Ltd., Vs.
State of Haryana and another] relied on by the learned counsel
appearing for the respondents 1 & 2 considering Sections 54 and 55 of
the Transfer of Property Act, categorically held that “in the absence of
deed of conveyance (duly stamped and registered as required by law), no
right, title or interest in the immovable property can be transferred.” The
Hon'ble Apex Court further held that “a contract of sale does not itself
create any interest or charge on the property.”
14(i). In any event, the said Thangavel did not acquire title for the
https://www.mhc.tn.gov.in/judis
39/43
A.S.No.303 of 2016
entire property by Ex.B4 / sale deed dated 16.12.2009, executed by 1st
defendant in favour of M.Thangavel as 1st defendant had only 1/5th share
in the suit property. The said sale deed was not executed by the 1st
defendant as Kartha of the Hindu undivided family and respondents 1 &
2, who were major married daughters at the time of sale deed were not
parties to the said sale deed. In view of the same, the said sale, in so far
as the respondents 1 & 2 are concerned is void ab-initio and they are
entitled to ignore the same and file the suit for partition without seeking
to set aside the said sale deed.