Supreme Court · 2007 INSC 176 · Decided 20 February 2007
Manjabai Krishna Patil (D) BY LRS. v. Raghunath Revaji Patil and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 176 · [2007] 2 S.C.R. 951
- Case number
- CIVIL APPEAL No. 854/2007
- Decided
- 20 February 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 58(c); Registration Act Section 17
Headnote
B Transfer of Property Act, I 882-s.58(c), proviso-Mortgage by conditional sale-Requirements for-On facts, deed of sale of property followed by an agreement of re-conveyance-Documents executed on different C dates and different places-Held: The transaction cannot be held to be a mortgage by or purported to effect the sale-Agreement of reconveyance hence not required to be compulsorily registered-Registration Act-Section 17. Appellants executed a sale deed in favour of the two Respondents on 29-11-1966 which was registered on 17-12-1966. On the same day an agreement of
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