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Supreme Court of India 2023-07-04 dismissed

Indira Devi vs Veena Gupta & Ors

Bench: 2 — Abhay S. Oka, Rajesh Bindal

In Brief

A tenant (Kaleshwar Prasad Singh) and his son executed a conditional sale deed of property to Indira Devi in 1977 for ₹5,000, with the right to repurchase it by July 1984. The original property owner (Kishori Lal Sahu) later executed a gift deed transferring his repurchase right to his daughter-in-law (Veena Gupta). When Indira Devi refused the repurchase money, Veena Gupta filed suit for specific performance. The Supreme Court held that repurchase rights in conditional sale deeds are generally assignable unless the document expressly restricts them, and may be gifted like any other contractual benefit. The assignment to Veena Gupta was valid, and the High Court was correct in granting specific performance.

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Transfer of Property Conditional Sale Specific Performance Assignability of Contractual Rights Gift Deed Tenancy Repurchase Right

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