Possession is enough to prove the ownership of a property that does not require registration under the Transfer of Property Act, the Karnataka High Court (HC) has ruled.
Section 54 of the Transfer of Property Act established that registration of property papers is not mandatory in case the worth of the immovable property is only up to Rs 100. This means that in such cases the rule of delivery of possession would apply.
The HC made this observation while dismissing an appeal filed by one Ganappa, who had sought his claim on his maternal grandfather’s land, measuring 1 acre 30 guntas. In his petition, Ganappa argued that his mother was his grandfather’s only daughter and the absolute owner of the land. He alleged that the current occupier’s father had forged property documents dated November 1963 and took possession of the property. In his plea, Ganappa sought permanent injunction against the property occupier. Documentary proof showed that the sale deed did not require registration since the value of the property at that point was Rs 100.
“It is a trite law that sale of an immovable property of value of less than Rs 100 can be made either by registered document or by delivery of possession. In such cases, vendee acquires complete title by mere delivery of possession of the property. In such cases, vendee acquires complete title by mere delivery of possession of the property. (The) Fact that there is in addition an unregistered sale deed cannot affect the good title acquired by him. Therefore, if there is a physical delivery of possession, an unregistered deed would not be rendered nugatory, only on account of existence of an unregistered sale deed,” the HC said while dismissing Ganappa’s plea.
The HC added that if possession has been delivered because sale deed registration is not required, the buyer can fall back upon the title by delivery of possession although the unregistered sale deed by itself does not convey title.
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An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
sunita.mishra@proptiger.com
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