#sale deed validity

The Supreme Court overturned a High Court order remanding a partition suit, emphasizing that an appellate court’s power to send a case back under Order 41 Rule 23 CPC is discretionary, not a matter of right. Remand is permissible only when the appeal lacks essential material needed for a decision. Litigants in civil appeals must therefore demonstrate a material deficiency before seeking remand.

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 Supreme Court reversed the High Court, ruling that land registered in the names of a deceased husband’s wives is their separate property, not part of his estate. Consequently, a sale deed executed without the wives’ consent is void, limiting heirs’ claims under the Indian Succession Act. This clarifies ownership rights for widows in succession disputes.

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.

The Punjab & Haryana High Court ruled that a sale deed executed under a prior agreement to sell cannot be invalidated by a subsequent release deed, as the latter is void under lis pendens. The court upheld the sale deed's validity despite the absence of registrar endorsement, relying on witness testimony to establish payment of consideration.

Chhattisgarh HC rules that a sale deed executed without co-sharers' consent in ancestral property is void ab initio. Subsequent purchasers, even if transactions are registered, cannot claim independent title if litigation was pending at the time of purchase, reinforcing the doctrine of constructive notice under Section 41 of the Transfer of Property Act.

Calcutta High Court rules that a mere reference to 'thika property' in pleadings is insufficient to trigger vesting under the 1981 Act. The defendant must specifically allege facts meeting the statutory definition of thika tenancy to challenge a registered sale deed, failing which the sale remains valid.

Madras High Court holds that sale deeds executed during pendency of writ challenging discretionary allotments are void under Section 52 of Transfer of Property Act.