SC held that unregistered sale deeds cannot transfer property ...

Unregistered Sale Deeds Cannot Transfer Property Rights Even With Payment and Possession Under Section 54

February 21, 2025

Case Laws     Indian Laws     SC

SC held that unregistered sale deeds cannot transfer property ownership under Section 54 of Transfer of Property Act, even with possession transfer and payment. The case involved multiple unregistered transfers of a secured asset, including basement portions. The court emphasized that conveyance occurs only upon deed registration per Section 17 of Registration Act. Additionally, the court reaffirmed that public auctions cannot be invalidated without proof of material irregularity, illegality, fraud, or collusion. The SC overturned the HC's order, confirming that ownership remains with the original holder until proper registration, regardless of attempted transfers through unregistered documents. The appeal was allowed, upholding the validity of the bank's auction process.

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