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Supreme Court judgments on Transfer of Property Act, 1882

36 judgments, latest first, from 2018 to 2025. Listed when the Supreme Court Reports file the judgment's headnote under this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Sections
Section 58 6
Topics
Gift deeds 41
Ramesh Chand (D) Thr. Lrs. vs Suresh Chand and Anr.
SC · 1 September 2025
[2025] 9 S.C.R. 339 : 2025 INSC 1059
I) Whether the impugned documents, i.e., Agreement to Sell, General Power of Attorney, Receipt of Consideration and the registered Will, allegedly entered into by K, father of the appellant/defendant no.1 and respondent…
Vinod Infra Developers Ltd. vs Mahaveer Lunia & Ors.
SC · 23 May 2025
[2025] 7 S.C.R. 190 : 2025 INSC 772
Whether the High Court erred in rejecting the plaint filed by the appellant u/Or.VII, r.11, CPC, 1908.
The State of Telangana & Ors. vs Dr. Pasupuleti Nirmala Hanumantha Rao Charitable Trust
SC · 14 May 2025
[2025] 7 S.C.R. 1 : 2025 INSC 679
i) Whether alienation of land by the District Collector, Medak, Government of Andhra Pradesh vide order dated 08.02.2001 was a sale or alienation/allotment; ii) whether any condition was imposed pursuant to the alienatio…
Rajeev Gupta & Ors. vs Prashant Garg & Ors.
SC · 23 April 2025
[2025] 4 S.C.R. 2364 : 2025 INSC 552
Issue arose whether the suit was barred by limitation; whether the sale deeds were void documents; whether the Will stood admitted in the previous suits and was no longer required to be proved; whether the First Appellat…
N.P. Saseendran vs N.P. Ponnamma & Ors.
SC · 24 March 2025
[2025] 3 S.C.R. 957 : 2025 INSC 388
The question to be decided herein is twin fold, whether the document of the year 1985 is a gift or Settlement or Will and whether the requirements under law or conditions in the deed have been satisfied to vest a legal r…
The Cosmos Co. Operative Bank Ltd. vs Central Bank of India & Ors.
SC · 4 February 2025
[2025] 2 S.C.R. 1091 : 2025 INSC 243
Whether ‘equitable mortgages’ are recognized in India under the nomenclature of ‘charge’ in terms of Section 100 of the Transfer of Property Act, 1882 (TPA); Who holds a valid mortgage over the property—the Appellant (Co…
Sri Mahesh vs Sangram & Ors.
SC · 2 January 2025
[2025] 1 S.C.R. 62 : 2025 INSC 14
Issue arose whether by virtue of operation of the provisions of ss. 14(1) and 12(c) of the Hindu Succession Act, 1956, the defendant no.1-adoptive mother would become absolute owner of the property prior to the adoption…
Giriyappa & Anr. vs Kamalamma & Ors.
SC · 20 December 2024
[2024] 12 S.C.R. 2095 : 2024 INSC 1043
When can the protection u/s.53A of the Transfer of Property Act 1882 be granted in a suit filed for declaration of title and recovery of possession.
Naeem Bano Alias Gaindo vs Mohammad Rahees & Anr.
SC · 22 November 2024
[2024] 11 S.C.R. 1492 : 2024 INSC 1000
Inconsistency between the U.P. State amendment and the subsequent Parliamentary amendment to Section 106, Transfer of Property Act, 1882. Whether in view of the Parliament amending a provision subsequent to a State legis…
M/s Bharti Airtel Ltd. vs The Commissioner of Central Excise, Pune
SC · 20 November 2024
[2024] 11 S.C.R. 1525 : 2024 INSC 880
Whether the mobile service providers who pay excise duties on various items for setting up their business more particularly for erection of mobile towers and peripherals like pre-fabricated buildings etc. can take the be…
Leela Agrawal vs Sarkar & Anr.
SC · 19 November 2024
[2024] 11 S.C.R. 1130 : 2024 INSC 946
Whether the mortgage deed dated 17.10.1990 constitutes a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882 and whether the plaintiff is entitled to redeem the mortgage.
Ramachandra Reddy (Dead) Thr. LRs. & Ors. vs Ramulu Ammal (Dead) Thr. LRs.
SC · 14 November 2024
[2024] 11 S.C.R. 2329 : 2024 INSC 868
Whether the deed executed, which gave rise to the present property dispute, was a gift deed or a deed of settlement; Whether the High Court was justified in reversing the concurrent findings of fact while exercising juri…
Shingara Singh vs Daljit Singh & Anr
SC · 14 October 2024
[2024] 10 S.C.R. 901 : 2024 INSC 770
Whether the High Court, under the impugned judgment, was justified in holding that the sale deed executed by defendant no. 1 in favour of defendant no.2/appellant was hit by doctrine of lis pendens and that defendant no.…
Shyamsundar Radheshyam Agrawal & Anr. vs Pushpabai Nilkanth Patil & Ors.
SC · 24 September 2024
[2024] 9 S.C.R. 881 : 2024 INSC 730
Whether the appellants are liable to pay stamp duty and penalty on the agreements to sell executed prior to the sale deed executed in their favour.
A.B. Govardhan vs P. Ragothaman
SC · 29 August 2024
[2024] 8 S.C.R. 1002 : 2024 INSC 640
Whether the respondent-defendant by way of the agreement agreed to create equitable mortgage by depositing the title deeds for the loan obtained by him from the appellant-plaintiff; whether there was redemption of the mo…
M/s Rewa Tollway P. Ltd. vs The State of Madhya Pradesh & Ors.
SC · 19 July 2024
[2024] 7 S.C.R. 1129 : 2024 INSC 539
In view of the subsequent change of policy by the state legislature in light of larger public interest, the appellants were required to pay stamp duty on the Concession Agreement executed under the Build, Operate & Trans…
Yogesh Goyanka vs Govind & Ors.
SC · 10 July 2024
[2024] 7 S.C.R. 668 : 2024 INSC 510
Appellant, pendente lite purchaser of the Subject Land, filed impleadment application before the District Judge (ADJ) under Order 1 Rule 10, CPC, which was dismissed. The order was upheld by the High Court. Whether Appel…
Duni Chand vs Vikram Singh and Others
SC · 10 July 2024
[2024] 7 S.C.R. 1202 : 2024 INSC 516
Whether the High Court erred in extending the benefit of Section 41 of the Transfer of Property Act, 1882, to the defendants despite the lack of specific pleadings, and no evidence to show consent of interested persons.
Chander Bhan (D) Through LR Sher Singh vs Mukhtiar Singh & Ors. Civil Appeal No. 2991 of 2024 03 May 2024 [Sudhanshu Dhulia* and Prasanna B. Varale, JJ.] Issue
SC · 3 May 2024
[2024] 5 S.C.R. 1148 : 2024 INSC 377
(1) Whether respondent-purchasers were unaware of lis-pendens and could claim to be bona-fide purchasers and be entitled to protection u/s.41 of the Transfer of Property Act, 1882; (2) Whether the principle of lis-penden…
Case Details Infrastructure Leasing and Financial Services Ltd vs Hdfc Bank Ltd. & Anr.
SC · 19 October 2023
[2023] 14 S.C.R. 1033 : 2023 INSC 929
Whether the documents executed by the borrower-appellant by which rents were made over to the lender-respondent constituted an assignment and thus fell outside the scope of an asset and security freeze order made by the…
Case Details M/s Paul Rubber Industries Private Limited vs Amit Chand Mitra & Anr.
SC · 25 September 2023
[2023] 14 S.C.R. 28 : 2023 INSC 854
To what extent the Court can take cognizance of a clause, relating to purpose for which a lease is granted, contained in an unregistered deed of lease for immovable property stipulating its duration for a period of five…
Case Details Prakash (Dead) by Lr. vs G. Aradhya and Ors.
SC · 18 August 2023
[2023] 12 S.C.R. 1034 : 2023 INSC 743
Transaction between the parties whether an absolute sale of the property or a mortgage.
Mrs. Umadevi Nambiar vs Thamarasseri Roman Catholic Diocese Rep by Its Procurator Devssia’s Son Rev. Father Joseph Kappil
SC · 1 April 2022
[2022] 5 S.C.R. 579 : 2022 INSC 381
Transfer of Property Act, 1882: ss. 41, 3 – Power of Attorney – Alienation of Property – In the instant case the appellant executed a general Power of Attorney in favour of her sister – After sometime the said power of a…
Subhash Chander & Ors. vs M/s Bharat Petroleum Corporation Ltd.(Bpcl) & Anr.
SC · 28 January 2022
[2022] 8 S.C.R. 108 : 2022 INSC 107
Haryana (Control of Rent & Eviction) Act, 1973 – Burmah Shell (Acquisition of Undertakings) Act, 1976 – ss. 3, 5, 7 and 11 – Transfer of Property Act, 1882 – Suit for possession by the appellant – Maintainability of, bef…
Anapurna Jaiswal vs Indian Oil Corporation Ltd. and Ors.
SC · 30 September 2021
[2021] 9 S.C.R. 204 : 2021 INSC 583
Transfer of Property Act, 1882 – s.105 – Registration Act, 1908 – s.47 – An advertisement was published on 12.10.2011 by the respondent-Corporation inviting applications for grant of dealership of petrol pumps – Appellan…
The State of Kerala & Ors. vs M/s Joseph & Company
SC · 3 September 2021
[2021] 11 S.C.R. 601 : 2021 INSC 442
Transfer of Property Act, 1882 – ss. 111(g) & 112 – Sale of a portion of land – Allegation of breach of lease deed – The erstwhile Travancore-Cochin Government in 1953 auctioned certain properties – One ‘P.I’ offered his…
Narayan Deorao Javle (Deceased) through Lrs. vs Krishna & Ors.
SC · 17 August 2021
[2021] 8 S.C.R. 481 : 2021 INSC 407
Transfer of Property Act, 1882: ss. 60, 59A – Redemption of the mortgaged property – Right of – On facts, non-payment of the mortgage amount by the original mortgagors to the mortgagee – Suit for recovery of the mortgage…
Bhimrao Ramchandra Khalate (Deceased) through Lrs. vs Nana Dinkar Yadav (Tanpura) & Anr.
SC · 13 August 2021
[2021] 8 S.C.R. 151 : 2021 INSC 400
Transfer of Property Act, 1882: ss. 58(c) proviso and 63 – Redemption of mortgaged property – Plaintiff, owner of agricultural land borrowed Rs.3,000/- from defendant No. 1 by executing a document titled “conditional sal…
Sridhar & Anr. vs N. Revanna & Ors.
SC · 11 February 2020
[2020] 3 S.C.R. 723 : 2020 INSC 165
Transfer of Property Act, 1882 – ss. 10, 13 – Two gift deeds were executed in favour of defendant no.1 by his grandfather, who was also great grandfather of plaintiffs, with a condition that donee and his younger brother…
M/s. Seshasayee Steels P. Ltd. vs Assistant Commissioner of Income Tax, Company Circle Vi(2), Chennai
SC · 4 December 2019
[2019] 15 S.C.R. 196 : 2019 INSC 1320
Transfer of Property Act, 1882: s.53A – Applicability of – Essential ingredients – Held: In order that the provisions of s.53A be attracted, the transferee must, in part performance of the contract, have taken possession…

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