REAL ESTATE & PROPERTY

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KEY LEGAL DEVELOPMENTS

  • Homebuyers cannot be denied possession of flat once claim is verified & admitted by Resolution Professional in Insolvency Proceeding – Supreme Court
  • Proposed Purchaser under an Agreement to Sell cannot directly seek restraint on a third party purchaser of property, in absence of the vendor and any payment under the Agreement to Sell – Supreme Court
  • Court is duty bound to report to Income Tax Department of any suits pertaining to cash transactions of more than Rs. 2 Lacs or more to verify compliance with S. 269ST of Income Tax Act – Supreme Court
  • Registration of transfer document cannot be refused by Registrar on the ground that seller’s / vendor’s title deeds aren’t produced or established – Supreme Court.
  • Will being validly executed does not mean that it is genuine, suspicious circumstances are still required to be looked into – Supreme Court
  • Gift Deed cannot be cancelled in absence of any clause or reservation to cancel – Supreme Court
  • In case of long delay in handover of possession, the consumer cannot be forced to accept possession, and is entitled to opt for and seek refund with reasonable interest. – Supreme Court
  • Landlord is the best judge of its own bona fide need to recover tenanted premises, not court or tenant – Delhi High Court
  • Unregistered agreement to sell can be used as evidence of an agreement to sell but not that of a completed transfer – Supreme Court
  • Participation of substantive beneficiary of a Will in its execution is ground for suspicion, must be dispelled with clear evidence – Supreme Court
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