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Section 58 TP Act

A collection of 3 posts
Hemalatha (D)  v. Tukaram (D)  2026 INSC 82 - Registered Sale Deed - Declaration As Sham Document - Presumption About Validity & Genuineness
Registration Act

Hemalatha (D) v. Tukaram (D) 2026 INSC 82 - Registered Sale Deed - Declaration As Sham Document - Presumption About Validity & Genuineness

Specific Relief Act 1963 - Section 34 - Declaration Suit - Registered Sale Deed -Strong presumption about the validity and genuineness- A Court must not lightly or casually declare a registered instrument as a “sham” - The burden of proof to displace this presumption rests heavily upon the challenger. Such
22 Jan 2026 4 min read
Civil Law

Cosmos Co. Operative Bank Ltd. vs Central Bank Of India 2025 INSC 243 - TP Act - Equitable Mortgage - Charge

Equitable mortgage -Where under the law no mortgage or charge is said to have been created over a property i.e., no conveyance of a right or interest over the subject property has been effected, yet if the intention of parties to create a mortgage is clear, equity would demand
19 Feb 2025 4 min read
Transfer Of Property Act

Leela Agrawal Vs Sarkar 2024 INSC 946 - S 58(c) TP Act - Mortgage By Conditional Sale

Transfer of Property Act - Section 58(c) -The ingredients of a mortgage by conditional sale under Section 58(c) of the Act are as follows: (i) The mortgagor ostensibly sells the mortgaged property to the mortgagee. (ii) Such ostensible sale is subject to any one of the following conditions:
09 Dec 2024 1 min read
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