Supreme Court · 2013 INSC 607 · Decided 11 September 2013
Hill Properties LTD. v. Union Bank of India and Others
- Court
- Supreme Court of India
- Citation
- 2013 INSC 607 · [2013] 10 S.C.R. 89
- Case number
- CIVIL APPEAL No. 7939/2013
- Decided
- 11 September 2013
- Bench
- K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Companies Act
Headnote
A B Transfer of Property - Multi-storeyed flats - Flats purchased by members of Cooperative Society or shareholders of Company - Right, title, interest over such flat C - Nature of - Held: It is a species of property, whether that right has been accrued under the provisions of the Articles of the bye-laws of a Cooperative Society- It cannot be said that flat owners cannot sell, let, hypothecate or mortgage their flat for availing of loan without permission of the builder, Society or the Company - The right of transfer of land is incidental to the right of ownership and such a right
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