Breaking Supreme Court Legal Update
New Delhi · Friday, 31 July 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2023-08-18 dismissed

PRAKASH (DEAD) BY LR vs G. ARADHYA & ORS

Bench: 2 — Hima Kohli, Rajesh Bindal

In Brief

The appellant challenged a 1973 sale of his ancestral property, arguing it was a mortgage (not an absolute sale) and claimed a right to redeem it. His father had sold the property to Rudramma for ₹5,000 when the appellant was a minor, and a separate Reconveyance Deed (signed the same day) allegedly granted a five-year option to repurchase. The Supreme Court upheld the dismissal of the suit. Interpreting Section 58(c) of the Transfer of Property Act 1882, the Court held that where the sale and condition of repurchase are in two separate documents, the transaction is a sale with a personal right to repurchase—not a mortgage. The complete transfer of ownership and mutation of property in the vendee's name confirmed absolute sale. The appellant's right to repurchase expired after five years, and the suit was time-barred.

The lawyer headnote and full judgment text are available to registered users.

Transfer of Property Mortgage Conditional Sale Redemption Limitation Guardian's Authority Property Rights

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login