Court granted stay on property, How can i sell the property?
25-Jul-2024 (In Property Law)
The Supreme Court of India has clearly emphasized that ownership of immovable property can only be transferred through a registered sale deed. Just handing over possession or paying money doesn't make the buyer the legal owner. This principle is grounded in Section 54 of the Transfer of Property Act, 1882, which defines a "sale" as a transfer of ownership through a registered instrument, and Section 17 of the Registration Act, 1908, which mandates that sales of property valued over ?100 must be registered.
When it comes to property court cases in India, they often involve disputes related to ownership rights, inheritance, possession, partition, or encroachments. Such disputes are governed by laws including the Transfer of Property Act, Indian Succession Acts, and various tenancy and land revenue laws depending on the state.
In contrast, a court-ordered sale happens when the court directs a property to be sold typically to settle debts, enforce judgments, or resolve issues in divorce or inheritance cases. The sale is supervised by the court to ensure transparency and that the proceeds are distributed fairly as per the order.
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