AI Overview...
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Terms and Conditions in Sale Deed - The courts consistently found that both parties acted in accordance with the terms and conditions specified in the sale deed, emphasizing that these terms are binding and integral to the transaction. No interference was warranted as the parties adhered to the agreed terms Gulamuddin Hisamuddin through L. Rs. & others VS Mohd. Bashiruddin Mohd. Saifuddin & another - Bombay, Vemula Kishtaswamy VS Mirza Maqsood Baig - Telangana, Minerals & Metels Trading corporation Employees Co-operative House Building Society Limited, rep. by its Secretary A. Kailasa Rao, S/o. late Sri Surya Narayana VS Visakhapatnam Urban Development Authority, Rep by its Vice-Chairman Cum Executive Authority - Andhra Pradesh.
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Sale Consideration and Payment Terms - The sale deed often mentions that the entire sale consideration has been received, although disputes arise if the promissory note or receipts are not honored. The sale deed's stipulation on consideration is crucial, and any deviation or non-compliance can affect remedies and claims Jabra Singh VS Babu Singh - Punjab and Haryana.
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Area and Measurement Conditions - Terms related to the measurement of land or area are sometimes included but may lack precise figures. Discrepancies in area mentioned in the sale deed can lead to claims for consideration adjustment, but clarity on exact measurements is essential AAKAR DEVELOPERS VS O. L OF YAMUNA MILLS LTD. - Gujarat.
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Execution and Compliance with Sale Terms - Courts have highlighted the importance of executing sale deeds as per the terms and conditions, including measuring land, transferring possession, and adhering to scheduled payments. Failure to fulfill these conditions can lead to claims of breach or invalidity Vemula Kishtaswamy VS Mirza Maqsood Baig - Telangana, Syed Ahmad VS Bihar State Financial Corporation - Patna.
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Specific Clauses and Recitals - Sale deeds often contain specific clauses, such as the obligation to execute registered sale deeds within stipulated timeframes, or conditions about land transfer, which are binding on parties. These clauses are critical in legal interpretations and enforcement Abdul Gafoor VS Additional Member, Board Of Revenue - Patna, Bibi Salma Khatoon VS State Of Bihar - Supreme Court.
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Legal Remedies and Disputes - When terms are clearly stipulated, courts tend to uphold these conditions, providing remedies aligned with the sale deed's provisions. Disputes often revolve around whether the conditions were met or breached, impacting recovery and enforcement actions SUPER COIR INDIA, DELHI VS U. P. FINANCIAL CORPORATION LTD. , KANPUR - Allahabad, Minerals & Metels Trading corporation Employees Co-operative House Building Society Limited, rep. by its Secretary A. Kailasa Rao, S/o. late Sri Surya Narayana VS Visakhapatnam Urban Development Authority, Rep by its Vice-Chairman Cum Executive Authority - Andhra Pradesh.
Analysis and Conclusion:
Sale deeds serve as comprehensive legal documents that explicitly outline the terms and conditions governing property transactions. Courts consistently uphold these provisions as binding, emphasizing that adherence to the stipulated terms—such as consideration, land measurement, payment, and execution deadlines—is essential for valid and enforceable transfers. Disputes generally arise from non-compliance or ambiguity in these conditions, but clarity and strict adherence reinforce the sanctity of the sale deed's terms.
Search Results for "Terms Conditions Mentioned in Sale Deed"
2003 0 Supreme(Bom) 1058 • India - Bombay
S.T.KHARCHE
- Both Courts below recorded finding of fact that parties acted on terms and conditions mentioned in sale deed - No interference ... Both the Courts below have recorded finding of fact that the parties acted on the terms and conditions mentioned in the sale- deed ... Transaction of sale between defendants 1 and 2 by virtue of registered sale deed is hit by doctr....
2014 0 Supreme(P&H) 174 • India - Punjab and Haryana
RAKESH KUMAR GARG
;(i) Plaintiff could either claim the amount in pronote and receipt as per terms and conditions mentioned ... pronote was not honoured--However, it was mentioned in sale deed that entire sale consideration has been received--Contention that ... Specific Relief Act, 1963, S.34--Declaratory Suit--Sale deed was executed and pronote was issued in lieu of sale consideration and ... , he cold either recover the amount #H....
2006 0 Supreme(Guj) 553 • India - Gujarat
C.K.BUCH
consideration for the difference in the area mentioned in the terms and conditions. ... consideration for the difference in the area mentioned in the terms and conditions. ... consideration for the difference in the area mentioned in the terms and conditions. ... It is never mentioned that the area under the sale is about 7,16,557. 70 sq. ft. No exact area is mentioned either in ....
2014 0 Supreme(All) 1912 • India - Allahabad
TARUN AGARWALA, SATISH CHANDRA
29—Recovery—Against borrower company—Mortgaged property put to auction in which petitioner's bid accepted—Corporation executed sale-deed ... The amount accrued was correctly calculated and was in accordance with the terms and conditions mentioned in the sale-deed. The learned counsel for the Corporation has also placed reliance on a decision of the Supreme Court in Haryana Financial Corporation and another v. ... Financial Corporation as per schedule of repayment #HL_....
2023 0 Supreme(Telangana) 541 • India - Telangana
P. SREE SUDHA
mentioned under Ex.A12, measure the land, and execute the registered sale deed in favor of the plaintiff within one month. ... and conditions. ... The court's decision was influenced by the interpretation of the terms and conditions agreed under Ex.A12 by both parties. ... bound by the other conditions mentioned under Ex.A12. ... to the extent of terms and conditions agreed under Ex.A12 by both the parties. ... The....
1984 0 Supreme(Pat) 90 • India - Patna
S.ALI AHMAD
terms and conditions of the sale, the readiness of the applicant to have the land in question re-conveyed to him on the same terms and conditions as mentioned in the sale deed. ... Thereafter the petitioner did not mention the name of the district or sub-division but he has mentioned the number of the police station and the name of the village. ... Respondent No. 4 Khusilal Mahto (since dead) and respondent No. 5 Jagdish Mahto purch....
2010 0 Supreme(Pat) 1685 • India - Patna
MUNGESHWAR SAHOO
and conditions of the sale deed. ... and conditions of the sale deed. ... It also found that the plaintiffs did not fulfill the terms and conditions of the sale deed and were aware of the condition of the ... According to the terms and conditions as mentioned in the sale deed, 20 per cent was required to be d....
2001 6 Supreme 405 • India - Supreme Court
R.P.SETHI, S.S.M.QUADRI
deed dated January 30, 1988. ... application filed by the appellant on April 30, 1988 is within limitation - a period of three months of the date of the registered sale ... and conditions mentioned in the sale deed subject to the following two conditions. ... The land in dispute in this appeal was sold by respondent No.6 in favour of respondent No.5 and the sale deed was registered on January 30. 1988. ... and conditions#H....
2024 Supreme(Online)(AP) 12773 • India - High Court of Andhra Pradesh
VENUTHURUMALLI GOPALA KRISHNA RAO, J
f the sites sold by it, subject to the terms and conditions mentioned herein. ... Moreover, in cross examination, he admits agreeing to the terms and conditions mentioned in the sale deed, the plaintiff society also signed in the sale deed and by the date of sale under Ex.A2 and he does not know whether the acquisition proceedings were finalized or not. ... There was another specific recital in th....
2024 0 Supreme(AP) 340 • India - Andhra Pradesh
VENUTHURUMALLI GOPALA KRISHNA RAO
CPC - Civil Procedure - Section 96 - The court interpreted the terms of a sale deed, emphasizing the binding ... Ratio Decidendi: The court held that the terms of the sale deed were clear and binding, and the plaintiff ... was illegal, following a sale deed that specified a tentative price pending land acquisition proceedings. ... The terms and conditions mentioned in Ex.A2 sale....
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