Topic

Registered sale agreement

2 articlesLatest May 2026
Constructive Notice Doctrine | Failure to Verify Encumbrance Certificate Defeats Bona Fide Purchaser Claim : Karnataka HC
Case Law Analysis
|Karnataka High Court

Constructive Notice Doctrine | Failure to Verify Encumbrance Certificate Defeats Bona Fide Purchaser Claim : Karnataka HC

Karnataka High Court rules that a purchaser cannot claim bona fide status if they neglect to examine the 10-year encumbrance certificate, as constructive notice of prior registered agreements binds them. The judgment reinforces that due diligence in property transactions is non-negotiable, impacting all subsequent buyers in property disputes.

Section 17 Arbitration Act | Registered Sale Agreements Override Developer's Lien: Bombay High Court Grants Possession to Third-Party Buyers
Case Law Analysis
|Bombay High Court

Section 17 Arbitration Act | Registered Sale Agreements Override Developer's Lien: Bombay High Court Grants Possession to Third-Party Buyers

The Bombay High Court ruled that third-party buyers with registered sale agreements hold superior rights over a developer's lien under Section 17 of the Arbitration and Conciliation Act. The court directed possession of flats to be handed over to buyers upon deposit of the balance consideration, reinforcing that arbitration interim measures cannot override duly executed property transfers. This decision impacts developers, flat purchasers, and arbitration proceedings involving real estate disputes.