File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Kabza Property

Kabja Property Opinion:
  1. There is only transfer of interest in the property, and not transfer of title of the Property.
  2. The transfer of interest is being carried by way of unregistered agreement/deed between the parties on Rs. 100/- non judicial stamp paper, and the same is being notarised with the public notary.
  3. No registered sale deed/conveyance deed is being executed between the parties for transfer of rights and title of the property.

Now, That the Apex Court of India has clearly pronounced in Suraj Lamps & Industries Pvt. Ltd. v State of Haryana that immovable property can be lawfully transferred/conveyed only by a registered deed of conveyance. Where the deed is not registered, there is no transfer, and property does not pass.

Mere delivery of the deed will not operate as delivery of the property, nor in the recital in the sale deed of delivery of possession suffice, for such a recital might be inserted without any attempt at fulfilment. However, if the unregistered deed of value less than Rs. 100/- is accompanied by delivery of the property, the sale would be effective by virtue of delivery of possession, and would not be rendered nugatory by the unregistered deed.

Kabja property would not create a valid mortgage (whether equitable or registered), and we cannot securitized/invoked, in case of default by the Borrower/Security Provider. If this will be the only security from the Borrower for the loan facility, then such loan facility shall be treated as unsecured loan only.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly