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Supreme Court of India 2017-07-26 allowed

Greater Bombay Co-operative Bank Limited vs Nagraj Ganeshmal Jain & Ors

Bench: 2 — Deepak Gupta

In Brief

A bank sought to recover defaulted loans from a cooperative housing society member by attaching his flat. The member's widow later claimed the flat had been sold to the respondent via an unregistered agreement dated 1995, with the respondent seeking society membership. The High Court set aside the attachment based on the prior sale date. The Supreme Court held that immovable property can be transferred only by registered deed, not unregistered agreements to sell. Since no registered transfer existed, the respondent had no right, title, or interest in the property. The Court set aside the High Court's order and allowed the bank's appeal, rejecting the respondent's membership claim.

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Property Law Transfer of Property Act Cooperative Societies Registered Documents Real Estate Transactions Recovery Proceedings Banking Law

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