Topic
The Orissa HC upheld cancellation of a 2001 sale deed where the plot number was fraudulently altered post-registration, ruling Article 59 limitation runs from fraud discovery in 2020 - not execution - safeguarding owners against time-barred challenges to forged documents.
Delhi HC held that under Sections 101 and 111 Evidence Act, the burden to prove good faith in a fiduciary transaction lies on the party in confidence. It cancelled a daughter’s sale deed for inadequate consideration, restoring possession to legal heirs.
Partial payment of the purchase price does not invalidate a sale deed, the Delhi High Court ruled, applying Section 54 of the Transfer of Property Act to uphold the deed, possession and rent-arrears claims. This safeguards parties in property transactions from having agreements undone solely due to incomplete consideration.
The ITAT Bangalore ruled that the absence of building details in a sale deed cannot override credible documentary evidence - such as construction bills, lease agreements, and TDS records - proving actual construction for capital gains computation. This clarifies that tax authorities must evaluate substance over form, empowering property owners to claim indexed costs even when paperwork is incomplete.
When a plaintiff challenges a sale deed executed through a power of attorney, courts require court fees to be calculated based on the deed’s stated value unless and until fraud in the underlying power of attorney is formally established. This ruling binds plaintiffs in property disputes to treat the sale deed as valid at the pleading stage, shifting the burden of proving fraud to later stages - impacting how property title suits are structured and funded.
Madras High Court rules that a Sub Registrar cannot refuse registration of a sale deed solely due to a pending partition suit unless a court injunction explicitly restrains the transaction. The registration serves as public notice and does not determine title, protecting bona fide purchasers from administrative overreach.
Madhya Pradesh High Court holds that plaintiffs challenging a sale deed as void need not pay ad-valorem court fees based on sale consideration, per Suhrid Singh v. Randhir Singh.