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Supreme Court of India 2023-11-01 allowed

SHAKEEL AHMED vs SYED AKHLAQ HUSSAIN

Bench: 2 — Vikram Nath, Rajesh Bindal

In Brief

In this property possession dispute, the Supreme Court held that no title to immovable property can be transferred through unregistered documents. Although the lower courts had decreed possession in favour of the respondent based on an unregistered Agreement to Sell, Power of Attorney, and Will, the Court set aside this judgment. The Court clarified that even a registration prohibition in the area does not override statutory requirements under the Registration Act, 1908 and Transfer of Property Act, 1882. The appellant's claim of an oral gift (Hiba) was also disputed but found unnecessary to decide. The Court dismissed the respondent's suit and allowed the appellant's appeal.

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Property Law Registration Possession Immovable Property Transfer of Property

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