Can Development Costs Grant Property Title in India?

High Court Malaya Penang

Events Relating To The Title Of The Property [12] The developer was the registered owner of the land known as Holding No 2547, Mukim 7, Seberang Perai Utara, Pulau Pinang (interim master title), after a transfer from the previous owner on 9 April 1996. ... The Developer Is Not Made A Party To The Instant Suit [31] Various allegations were made against the developer (Lugano) in the present Statement of Claim. ... [24] Paragraph 22....

2013 0 Supreme(Bom) 1703

Prior to the Act the real owner could sue for declaration that the person in whose name the property is held holds it as a benamidar and for consequential reliefs. That right has become enforceable. ... It is also observed that if it shown or proved that the purchase money came from a person other than the recorded owner (ostensible owner), there would be a presumption, though rebuttal in some cases, that the purchase was for the benefit of the #HL_S....

2026 0 Supreme(Bom) 47

ii) Whether the Courts below were justified in dismissing the suit filed by the Appellant for a declaration and injunction in the absence of the title of the Appellant having been extinguished, either by the acquisition of the property or an agreement for the transfer ... This second appeal is filed by the original plaintiff to challenge the concurrent judgments and decrees dismissing the suit for a declaration that the plaintiff has the right, title and interest and the authority to ....

2024 0 Supreme(Mad) 2294

The plaintiffs have remitted necessary B memo charges to the revenue authorities for enjoying the suit property and therefore, the plaintiffs cannot claim adverse possession in the suit property for which the Government alone is the owner. ... The contention advanced on behalf of the plaintiffs that the plaintiffs have established their title in the suit property is not sustainable. It is settled law that a vendor cannot transfer a title to the vende....

2024 0 Supreme(P&H) 1389

It is for the reason that Section 41 of the Transfer of the Property Act speaks of a sale made by an ostensible owner and not a sale made by the real owner. ... may acquire a good title to the property as against the true owner. ... Transfer by ostensible owner. ... is made by a person, to whom the judgment debtor has transferred the property a....

Supreme Court

of any right, title or interest in an immoveable property. ... to the suit property and therefore it became necessary for him to file a suit for declaration of his right and title to the suit property with ... Where a co-owner alienates a property or a portion of a property representing to be the absolute owner, equities can no doubt be regard to the transferred property, the transferee’s #HL....

2023 0 Supreme(P&H) 499

The argument that after the expiry of period of limitation to sue for foreclosure, the mortgagees have a right to seek declaration in respect of their title over the suit property is not correct. ... The present suit has been filed by the plaintiff-respondent No.1 for a declaration that he has become owner in possession of the suit land by prescription of time as the suit property was not redeemed within a statutory period of 30 years. ... a creditor or his agent documents of #HL_START....

'had not been made . . . ." He does not claim to have seized, sold, or purchased the interests of the wife. What he does claim is to have acquired a title to this property superior to, independent of, and despite such title as passed to the wife by the gift. ... and in the matter of registration to the transfer in favour of the purchaser under the mortgage, in any case in which such person was entitled in law to be made but was....

2023 0 Supreme(Chh) 547

She would also submit that an entry in revenue records does not confer title on a person and is only for fiscal purposes i.e. payment of land revenue. She would further contend that the plaintiff was the sole owner of the property as she was the only daughter of Aheli Bai. ... 2) The brief facts of the present case are that the plaintiff/respondent No.1 instituted a suit seeking the declaration of title, a declaration that the mutation entry No. 70 made#HL_....

2024 0 Supreme(Mad) 2130

When the defendant claims that the sale deed in favour of the plaintiff is a fraudulent sale deed and denies the title of the plaintiff, is it not necessary for the plaintiff to seek a prayer for declaration of title and whether the decree granted in favour of the plaintiff without a prayer for declaration ... Though Ex-A.3 Sale Deed was executed in favour of the plaintiff, the plaintiff alone cannot claim exclusive title over the same. Law presumes that Ex-A.3 – Sale Deed executed in ....

2023 0 Supreme(Mad) 139

When a person bonafide thinking himself to be the owner of the land spent money for the improvements upon the land, the true owner standing allowed him to spend money then he would be estopped from asserting his title to the land as against the person bonafide believing the property.

2015 0 Supreme(Bom) 13

While dealing with the said Section, the Apex Court in para 22 of the said judgment has observed as under: “22. A family arrangement, on the contrary, is a transaction between members of the same family for the benefit of the family so as to preserve the family property, the peace and security of the family, avoidance of family dispute and litigation and also for saving the honour of the family. Such an arrangement is based on the assumption that there was an antecedent title in the parties and the agreement acknowledges and defines what that title is. This Section contemplates tra....

2014 0 Supreme(Tri) 418

A family arrangement, on the contrary, is a transaction between members of the same family for the benefit of the family so as to preserve the family property, the peace and security of the family, avoidance of family dispute and litigation and also for saving the honour of the family. Such an arrangement is based on the assumption that there was an antecedent title in the parties and the agreement acknowledges and defines what that title is. This Section contemplates transfer of property by a person who has a title in the said property to another person who has no title.

2010 0 Supreme(Ker) 650

maintaining the proper conduct of the school and thereby to protect the interests of the students, teachers and non teaching staff. Maintaining the school as such is aimed at by providing a restriction on transfer of the property of the school without previous permission in writing of the authority and making any such transaction in contravention of Section 6 as null and void. A person cannot get the transfer of the property of the school and claim that as owner of the property, he can do anything he likes as any other owner of property could do.

2010 0 Supreme(All) 41

Owership is a mixed question of law and fact and until and unless the plaintiff has alleged his mode of acquisition of property in dispute specifically as to how he acquired the property in the plaint vague allegation about owership cannot be deemed to have been admitted by the other side.? The question relating to ownership is generally a mixed question of law and fact. A person may be owner of property having acquired himself or in other case by transfer of property from the real owner. A person may acquire title by inheritance and the like.