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Supreme Court Clarifies Property Rights: Title Essential for Valid Conveyance

Supreme Court Upholds Property Title Requirement: Invalid Conveyance Deemed Ineffective

Deeksha Upadhyay 12 April 2024 06:47

Supreme Court Clarifies Property Rights: Title Essential for Valid Conveyance

SC Clarifies Property Rights: Title Essential for Valid Conveyance

In a significant ruling, the Supreme Court underscored that transferring property rights through legal documents requires the grantor to possess actual ownership over the said property. If the grantor lacks such ownership, neither the recipient nor their successors can legally claim those rights.

The judgment emphasized that if a deed reveals the grantor's lack of title, there's no need for a specific declaration of its invalidity. Instead, the court can examine title issues if raised by any party, even without a formal challenge to the document's validity.

The case involved the conveyance of property by Chiruthey, who, through a lease deed, attempted to transfer her deceased husband's property, despite not holding title. The Court noted that Chiruthey's subsequent marriage extinguished her rights to the first husband's property, rendering her incapable of validly conveying it.

As a result, the Court upheld the decision to disallow partition claims over the property, confirming that Chiruthey's successors couldn't derive rights from her invalid conveyance. This ruling reaffirms the principle that legal documents must accurately reflect the grantor's title to be enforceable, ensuring clarity and fairness in property transactions.

VTT

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