Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Sale Deed

Thursday, September 08, 2011
Sale Deed

Sale Deed — Normally, the recitals in a sale deed about transfer of title, receipt of consideration and delivery of possession will be evidence of such acts and events; and on the execution and registration of the sale deed, the sale would be complete even if the sale price was not paid, and it will not be possible to cancel the sale deed unilaterally — The exception to this rule is stated in Kaliaperumal [2009 (4) SCC 193] — Transfer of Property Act, 1882, Section 8 and 54.

Sale Deed

Sale Deed — Executed and registered — Registration receipt however in possession of vendor — Effect — Held, in all States where practice of ‘ta khubzul badlain’ is not prevelant, possession of Registration Receipt by the Vendor, may not, in the absence of other clear evidence, lead to an inference that consideration has not been paid or that title has not passed to the purchaser as recited in the duly executed deed of conveyance — Where the purchaser is from an outstation, the vendor being entrusted with the Registration Receipt, to collect the original sale deed and deliver it to the purchaser, is common — Transfer of Property Act, 1882, Section 8 and 54.

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