Product details

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Case
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Reference no. BP0410
Published by: IIMA Case Centre, Indian Institute of Management Ahmedabad
Originally published in: 2017
Length: 8 pages
Data source: Published sources

Abstract

Sale of real estate property requires registration of sale documents which prevents fraud of the same property being sold to multiple buyers. However, a means to avoid registration was devised and put to use in certain parts of North India. This involved creating a set of three documents - an unregistered sale deed, a Power of Attorney to the buyer from the seller and a will from the seller bequeathing the property to the buyer. The Delhi High Court considered this a 'recognised mode of transaction'. The Supreme Court, in the Suraj Lamp Case, brings out that unless a sale deed is registered, no interest can be created in a property.

Time period

The events covered by this case took place in 2012.

Geographical setting

Region:
Asia
Country:
India

About

Abstract

Sale of real estate property requires registration of sale documents which prevents fraud of the same property being sold to multiple buyers. However, a means to avoid registration was devised and put to use in certain parts of North India. This involved creating a set of three documents - an unregistered sale deed, a Power of Attorney to the buyer from the seller and a will from the seller bequeathing the property to the buyer. The Delhi High Court considered this a 'recognised mode of transaction'. The Supreme Court, in the Suraj Lamp Case, brings out that unless a sale deed is registered, no interest can be created in a property.

Settings

Time period

The events covered by this case took place in 2012.

Geographical setting

Region:
Asia
Country:
India

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