AI Overview...
Summary of Maharashtra Money Lending Act Section 18(2) and Clouds of Money Lending
Key Points and Main Insights
- Section 18(2) of the Maharashtra Money Lending Act:
- This section pertains to the registration and validity of notices related to money lending transactions. Registration of notices under this section is crucial to establish the priority of claims and protect lenders or borrowers from subsequent transfers or claims.
-
Several sources (e.g., Prakash Gobindram Ahuja VS Ganesh Pandharinath Dhonde - Bombay, Devendra Ramchandra Palsamkar Vs Gajanan Raghunath Patkar - Bombay) emphasize that registration under Section 18(2) provides a legal safeguard, especially in cases involving pending suits or claims on property, by ensuring proper notice to interested parties.
-
Clouds of Money Lending:
- This phrase refers to the legal uncertainties or disputes (clouds) arising from unregistered or improperly registered notices and transactions in money lending or property dealings.
- The courts have examined whether such clouds can be cleared or mitigated through proper registration, notices, or legal proceedings (e.g., Prakash Gobindram Ahuja VS Ganesh Pandharinath Dhonde - Bombay, Devendra Ramchandra Palsamkar Vs Gajanan Raghunath Patkar - Bombay, JAYWANT INDUSTRIAL PREMISES CO-OPERATIVE SOCIETY LTD. VS SANGEETA KEWALRAMANI - Bombay).
- Proper adherence to registration requirements under the Maharashtra Land Revenue Code and Transfer of Property Act is essential for clear title and to avoid disputes over ownership or rights, especially in the context of money lending.
Analysis and Insights
- The legal framework underscores the importance of timely and proper registration under Section 18(2) to prevent disputes and establish clear titles.
- Courts have consistently held that failure to register notices or improper registration can lead to clouds on the title, complicating property rights and lending transactions (Prakash Gobindram Ahuja VS Ganesh Pandharinath Dhonde - Bombay, Devendra Ramchandra Palsamkar Vs Gajanan Raghunath Patkar - Bombay, JAYWANT INDUSTRIAL PREMISES CO-OPERATIVE SOCIETY LTD. VS SANGEETA KEWALRAMANI - Bombay).
- The principle of protecting good faith purchasers and ensuring priority of claims is central, with registration acting as a key tool (Hyderabad Urban Development Authority, reconstituted as Hyderabad Metropolitan Development Authority VS IBC Knowledge Park Pvt. Ltd. , Represented by its Managing Director, Yunus Zia - Andhra Pradesh, Seetharaman, Rep. by Power Agent, Narasimman VS Jayaraman - Madras).
- The interplay between various statutes—such as the Transfer of Property Act, Maharashtra Land Revenue Code, and Registration Act—creates a complex legal landscape where proper compliance is vital for clarity and security in money lending and property dealings.
References
- Prakash Gobindram Ahuja VS Ganesh Pandharinath Dhonde - Bombay, Devendra Ramchandra Palsamkar Vs Gajanan Raghunath Patkar - Bombay, JAYWANT INDUSTRIAL PREMISES CO-OPERATIVE SOCIETY LTD. VS SANGEETA KEWALRAMANI - Bombay: Discuss registration, notices, and their legal implications under Maharashtra Land Revenue Code and Transfer of Property Act.
- Hyderabad Urban Development Authority, reconstituted as Hyderabad Metropolitan Development Authority VS IBC Knowledge Park Pvt. Ltd. , Represented by its Managing Director, Yunus Zia - Andhra Pradesh, Seetharaman, Rep. by Power Agent, Narasimman VS Jayaraman - Madras: Highlight issues of title, registration, and protection of rights in property disputes related to money lending.
- General principles derived from the Indian Registration Act and Transfer of Property Act regarding the importance of registration and notices in establishing legal rights and preventing clouds on titles.
Conclusion
Section 18(2) of the Maharashtra Money Lending Act is pivotal in ensuring proper registration of notices related to money lending, which helps prevent disputes (clouds) on property titles. Proper registration safeguards the rights of lenders and borrowers, ensures transparency, and maintains the integrity of property dealings. Failure to adhere to registration requirements can result in legal complications, clouded titles, and disputes, emphasizing the need for compliance with statutory provisions.
Search Results for "Maharashtra Money Lending Act Section 18 2 and Title Clouds of Money Lending"
2020 0 Supreme(Telangana) 49 • India - Telangana
M.S.RAMACHANDRA RAO, K.LAKSHMAN
Partnership Firm - Section 60 - A.P. ... Pradesh, did not benefit the new State of Telangana by resulting in rain in the neighbouring districts in the State of Telangana. - Section ... Pradesh, did not benefit the new State of Telangana by resulting in rain in the neighbouring districts in the State of Telangana. - Section ... However, this aspect is covered by Section 47 of the Indian Partnership Act, 1932. ... The petitioners relied on Section 18 of Limitation #HL_S....
2023 0 Supreme(Bom) 1512 • India - Bombay
S. G. MEHARE
. - Section 52 of the Transfer of Property Act - Maharashtra Amendment - Right, title and interest of respondent No.10 in the suit ... 18 of the Registration Act was mandatory, whether the title acquired by the predecessor in title of respondent no. 10 exempted the ... 52 of the Transfer of Property Act (Maharashtra amendment) because the lis pendens notice was not registered with the Office of Sub-registrar ... #H....
2025 Supreme(Online)(Bom) 222 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
FIRDOSH P. POONIWALLA, J
(A) Maharashtra Land Revenue Code, 1966 - Section 52 - Permanent injunction - Plaintiffs sought to restrain Defendant No.1 from unauthorized ... on their title due to Defendant No.1's claims. ... on the title, thus affirming the lower court's decision. ... Further, Mr.Thorat also referred to the Order dated 22nd December 2011 passed by the Deputy Collector (Appeals) Mumbai Suburban District, in an Appeal under Section 247 of the Maharashtra Land Revenue Code , 1966. ... Thereafter, th....
2013 0 Supreme(Bom) 793 • India - Bombay
R.C.CHAVAN
Would plaintiffs' registering notices of their suits under Section 18 of the Indian Registration Act (though such registration may ... 2. ... Whether Section 52 of the Transfer of Property Act provides adequate protection to the parties from transfers pendente lite since ... In para 11 of the Judgment in Pralhad Jaganath Jawale's case, the Hon'ble Judge finds that registration of notice of pending suits under Section 18(ee) of the R....
2022 0 Supreme(Bom) 1218 • India - Bombay
BHARATI DANGRE
The society sought to dispossess the plaintiff, leading to the injunction order. ... Fact of the Case: The plaintiff, owner of various premises in a building, filed a suit under sections 34, 37, and 38 ... of the Specific Relief Act, alleging exclusive ownership and possession of a private terrace. ... Pending the aforesaid development, defendant No. 3 passed a Resolution to initiate action against the plaintiff for encroachment of common terrace on 27-2-2019, which constrained the plaintiff to insti....
2025 Supreme(Bom) 340 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
FIRDOSH P. POONIWALLA, J.
(A) Maharashtra Land Revenue Code, 1966 - Section 52 - Suit for permanent injunction - Plaintiffs sought to restrain Defendant ... on their title due to Defendant No.1's claims. ... on title of Plaintiffs, dismissing Defendant's claims. ... Further, Mr.Thorat also referred to the Order dated 22nd December 2011 passed by the Deputy Collector (Appeals) Mumbai Suburban District, in an Appeal under Section 247 of the Maharashtra Land Revenue Code, 1966. ... Thereafter, the Plaintiffs appro....
2012 0 Supreme(AP) 1284 • India - Andhra Pradesh
PINAKI CHANDRA GHOSE, VILAS V.AFZULPURKAR
Transfer of Property Act - Writ Appeals are directed against the common order passed and batch are directed ... not sufficient for the appellants to claim recession of contract, as the purchasers would have already assessed the marketable title ... within the meaning of Section 2(1)(b)(i) of the 1952 Act. ... upon their title, as required under section 55(1)(a) of the Transfer of Property Act at least as on the date of the auction. ... So far as the ....
2025 0 Supreme(Bom) 671 • India - High Court of Bombay
HON'BLE SHRI JUSTICE FIRDOSH PHIROZE POONIWALLA
(A) Maharashtra Land Revenue Code, 1966 - Suit for permanent injunction - Plaintiffs sought to restrain Defendant No.1 from unauthorized ... (Paras 21, 22) ... ... (C) Cloud on title - The court ruled that no cloud existed on the plaintiffs ... ... ... Issues: The main issues included whether the plaintiffs established possession and if there was a cloud on their title. ... Further, Mr.Thorat also referred to the Order dated 22nd December 2011 passed by the Deputy Collector (Appeal....
2014 0 Supreme(Mad) 1190 • India - Madras
M.DURAISWAMY
by Article 65 of the Limitation Act. ... Act, Limitation Act - [FACT OF THE CASE] The Plaintiff filed a suit for declaration, delivery of possession, and other reliefs claiming ... [ISSUES] The issues involved the Plaintiff's title, the First Defendant's good faith purchase, and the applicability of limitation ... ... (iv) State of Maharashtra vs. Pravin Jethalal Kundur (Dead) by L.Rs. ... This shows that the right, if any, of the Appellants over the Suit land stood violated with the issue of Notificat....
• India - Andhra Pradesh
V.V.S.RAO
Contract Act, 1872 – Section 55 - Specific Relief Act,1963 - Sections 11(2),13,13(1)(c) - Indian Trusts ... Act, 1882 - Sections 46,47and 48 - Urban Land (Ceiling and Regulation) Act, 1976 - Section 19(1)(iv) - Transfer of Property Act - ... second defendant as first trustee - Trust known as Charitable Trust first defendant herein owned properties in Hyderabad and in Maharashtra ... Sect....
Filter by Legal Phrase
