Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Deeds and Documents – Sale deed – Whether the vendor can assign the right contained in a sale deed to get the property registered back or the right being personal cannot be assigned – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Deeds and Documents – Sale deed – Whether the vendor canassign the right contained in a sale deed to get the property registeredback or the right being personal cannot be assigned – Held: Noimplied prohibition of transfer or assignment can be inferred in adocument – Condition of right to repurchase in sale deed will notbe personal to the vendor unless the terms in the documentsspecifically state so – Such a right can always be assigned and thecontract containing such condition shall be enforceable – The onlyexception being that such a right should not be personal in nature– In the present case, there was no term in the conditional SaleDeed which debarred its assignment to any other person – Theclause only mentioned regarding right of repurchase – The optionwas given to the vendors with the obligations on the vendee – Noerror in the judgment of the High Court – Contract. |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 593 |
Petitioner | Indira Devi |
Respondent | Veena Gupta & Ors. |
SCR | [2023] 10 S.C.R. 372 |
Judgement Date | 2023-07-04 |
Case Number | 9833 |
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