Possession Without Sale Deed Registration Doesn’t Confer Ownership: Supreme Court

Possession Without Sale Deed Registration Doesn’t Confer Ownership: Supreme Court

  • Case Name: Sanjay Sharma v. Kotak Mahindra Bank Ltd.

The Supreme Court ruled that ownership of immovable property requires a registered sale deed under Section 54 of the Transfer of Property Act, 1882, regardless of possession or payment.

The bench emphasized that property transfer is valid only through a registered instrument.

Citing Babasheb Dhondiba Kute v. Radhu Vithoba Barde [2024], the Court reaffirmed that conveyance occurs solely upon sale deed registration under Section 17 of the Registration Act, 1908.

This decision, in a SARFAESI auction dispute, reinforces registration’s necessity for legal ownership.

8 months ago

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