AI Overview...
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Right to Execute Sale Deed - Only a person vested with the right to transfer property can execute a sale deed; acting on behalf of others without authority is invalid. No ex post facto approval can validate such a sale. Respondents 4 and 5 did not execute any sale deed in favor of the appellants. A. Pramoda VS D. Komaraiah - Current Civil Cases
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Person Without Right Cannot Execute Sale Deed - A person lacking the right cannot execute a sale deed in favor of another. Even in cases of injunctions or pending suits, a sale deed executed by someone without the right is invalid. Filing a civil suit for specific performance can result in losing the right to execute the deed. SANJAY VERMA VS OMSAI INFRA PROMOTERS (P) LTD. - Uttarakhand, Bheemsingh S/o Meharban Singh VS State of M. P. - Madhya Pradesh
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Collusion and Unauthorized Sale - Sale in favor of appellants, where collusion is evident, is not protected under the law. A person other than the one authorized to transfer cannot execute the sale deed, and failure to substantiate claims weakens the validity of such sale. A. Pramoda VS D. Komaraiah - Andhra Pradesh, A. Pramoda VS D. Komaraiah - Andhra Pradesh
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Unilateral Acts and Rights - Unilateral cancellation deeds or executing sale deeds without proper authority or interest in the property are invalid. Sale deeds executed by non-members or without proper authorization cannot be deemed valid or voidable solely on technical grounds. BINNY MILL LABOUR WELFARE HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED VS D. R. MRUTHYUNJAYA ARADHYA - Karnataka, Bheemsingh S/o Meharban Singh VS State of M. P. - Madhya Pradesh
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Limitations on Transfer of Rights - A person can only transfer rights they possess; they cannot transfer more than their title or interest. Sale deeds in favor of donees or other parties without proper rights do not confer valid ownership. CHANDRA NATH KALA, ETC. VS TRIJUGI NARAIN - Allahabad
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Mortgagees and Sale Deeds - Mortgagees with the right to execute sale deeds can do so without additional court proceedings, provided there is no fraud. Such powers are granted under the decree or agreement, and the title cannot be challenged if executed correctly. N. Debora Indira Jaba Priya VS Ibrahim Sha - Madras
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Possession and Sale Deeds - Induction into possession or agreement to execute a sale deed at a future date does not automatically confer title. Sale deeds executed on plain papers or without proper registration are invalid, and possession alone does not establish ownership rights. Barade Nagender Rao VS G. Sadasivudu - Andhra Pradesh
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Co-operative Society and Land Sale - Members of a co-operative society do not inherently possess the right to execute sale deeds unless supported by specific rights or statutory provisions. Land belonging to the society cannot be sold by members without proper authority. GOPALPUR CO-OPERATIVE FARMING SOCIETY LTD. VS STATE OF U. P. - Allahabad
Analysis and Conclusion:
A person must have the legal right or authority to execute a sale deed. Without such authority, the sale is invalid, and acts performed by unauthorized individuals are not legally binding. Collusion, lack of proper rights, or executing deeds unilaterally or without proper registration undermines the validity of the transfer. Courts emphasize that only those vested with transfer rights can lawfully execute sale deeds, and any attempt by unauthorized persons is legally invalid.
Search Results for "Person no Right Cannot Execute Sale Deed"
• India - Current Civil Cases
L.NARASIMHA REDDY
A person other than the one, who is vested with the right to transfer, cannot execute the sale deed, acting on behalf of the others ... There cannot be ex post facto approval of sale. ... Admittedly, respondents 4 and 5 did not execute any sale deed in favour of the appellants.
2016 0 Supreme(UK) 920 • India - Uttarakhand
U.C.DHYANI
hold with certainty that a person had no right to execute sale deed in favour of someone — Unless found otherwise prima facie on ... application for temporary injunction or a misc. appeal, filed against the order passed on application for temporary injunction, cannot ... the face of the record, that also when suit for cancellation the sale deed was already pending in another court having equivalent ... A court, much less a trial court, while deciding....
2019 0 Supreme(MP) 455 • India - Madhya Pradesh
S.K.AWASTHI
lose his right to execute the sale deed by filing a civil suit for specific performance of contract. ... to another person. ... The respondent alleged that the applicant did not execute the sale deed, abused and threatened him, and subsequently sold the land ... lose his right to execute the sale deed with respect to the land in question by filing a civil suit for specific perfor....
2009 0 Supreme(AP) 551 • India - Andhra Pradesh
L.NARASIMHA REDDY
were executed—Collusion was between appellants and respondents—Sale in favour of appellants not protected under second part of Sec ... SPECIFIC RELIEF ACT, 1963, Section 19—Specific performance of an agreement of sale—Appellants either have taken a plea, which is ... not able to substantiate the one taken by them—Either way, their failure would seriously tell upon the circumstances under which sale-deeds ... A person other than the one, who is vested with the right to transfer, #HL_STA....
2009 0 Supreme(AP) 549 • India - Andhra Pradesh
L.NARASIMHA REDDY
Specific Relief Act, 1963—Section 19(b)—Entitlement to benefit of exemption admissible u/s 19(b) —Agreement for sale of property—Suit ... for specific performance of part of contract—Ratification deeds issued by respondents during pendency of suit is of no effect—Sale ... A person other than the one, who is vested with the right to transfer, cannot execute the sale deed, acting on behalf of the others. Respondents 4 and 5 did not authorize any one to....
2007 0 Supreme(Kar) 266 • India - Karnataka
N.KUMAR
deed of cancellation, the said, person has no right or interest in that property. ... Unilaterally he cannot execute what is styled as a deed of cancellation, because on the date of execution and registration of the ... Therefore, the sale deed executed by the society in favour of the non-members cannot be said to be void. ... Unilaterally he cannot execute what is styled as a #H....
2008 0 Supreme(All) 2159 • India - Allahabad
POONAM SRIVASTAVA
—Held, a person can transfer only a limited right to extent he possessed—But, he cannot transfer anything more than he has a right ... , or title—Thus, necessary consequence was that sale-deed in favour of defendants by seller (i.e. donee), cannot bestow any title ... Will—Right to execute—And lease of immoveable property—Substantial question of law raised was that (i) whether testator donor was ... It is well-settled law that a #HL....
2012 0 Supreme(Mad) 4638 • India - Madras
R.S.RAMANATHAN
However, the right to execute the sale deed was bestowed on the mortgagees. ... Thus, there is no need to file the execution petition for decree when the mortgagee is willing to execute the sale deed in favour ... However, there was no commitment of fraud & thus the purchase title cannot be challenged. ... Therefore, under the compromise decree, power has been given to the mortgagees to execute the sale d....
2007 0 Supreme(AP) 177 • India - Andhra Pradesh
S.ANANDA REDDY
permissive recognizing title of vendor and cannot plead adverse possession - But, in a case where a person inducted into possession ... and where vendor had agreed to execute a registered sale deed at a subsequent date, possession of vendee continues to be that of ... ... Evidence shows that sale deed was executed on a plain paper or ... sale deed. ... In the light of the above decisions relied upon by the resp....
2011 0 Supreme(All) 3175 • India - Allahabad
AMITAVA LALA, V.K.MATHUR
(A) Co-operative Society—Land—Disposal of—Belonging to society—Right of members—The members of the society could not have any right ... Co-operative Societies Act, 1965—Section 79 (2)—Co-operative society—Sale of property—No material available before, as to cancellation ... The person, who has got Bhumidhari right over the land in dispute, has a right to execute the sale-deed and it cannot be said that the #HL_STAR....
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