LIJDLR

Transfer of Property Act

CASE LAW ANALYSIS: SURAJ LAMP & INDUSTRIES PVT. LTD. V. STATE OF HARYANA (2012) 1 SCC 656

Volume IV Issue I /

CASE LAW ANALYSIS: SURAJ LAMP & INDUSTRIES PVT. LTD. V. STATE OF HARYANA (2012) 1 SCC 656 Shreejith.S, 3rd Year, Student at VIT School of Law, VIT Chennai (India) Satvik Keyan, 3rd Year, Student at VIT School of Law, VIT Chennai (India) Dr. Saji Sivan S, Assistant professor, VIT School of Law, VIT Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.135 This paper critically analyses the landmark decision of the Supreme Court of India in Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana (2012), which addressed the legality of transferring immovable property through General Power of Attorney (GPA), Agreement to Sell, and Will transactions, collectively referred to as GPA sales. Adopting a doctrinal and analytical research methodology, the study examines the statutory framework under Section 54 of the Transfer of Property Act, 1882 and Section 17 of the Registration Act, 1908, alongside judicial interpretations governing property transfers in India. The Court unequivocally held that GPA-based transactions do not confer ownership rights and cannot substitute a duly executed and registered conveyance deed, thereby reaffirming the mandatory nature of registration for transfers exceeding one hundred rupees. The judgment further clarified the legal character of a General Power of Attorney as an instrument of agency, incapable of transferring any proprietary interest. Through a detailed evaluation of the Court’s reasoning, this paper highlights the judicial rejection of informal property transactions designed to evade stamp duty, registration requirements, and regulatory restrictions. The analysis demonstrates that the ruling not only resolves longstanding ambiguities but also strengthens legal certainty, safeguards bona fide purchasers, and curtails fraudulent practices and the circulation of unaccounted money in the real estate sector. The decision significantly contributes to Indian property law jurisprudence by reinforcing statutory compliance, aligning market practices with legal mandates, and emphasizing the role of public policy in regulating property transactions.

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BENAMI TRANSACTIONS VS GENUINE TRANSFERS: LEGAL CHALLENGES UNDER THE TRANSFER OF PROPERTY ACT

Volume IV Issue I /

BENAMI TRANSACTIONS VS GENUINE TRANSFERS: LEGAL CHALLENGES UNDER THE TRANSFER OF PROPERTY ACT Prem Kumar, B.A LL. B (H), 4th Semester, Student at IILM University, Greater Noida (India) Shreya Tripathi, B.A LL. B (H), 4th Semester, Student at IILM University, Greater Noida (India) Tapasi Rout, B.A LL. B (H), 4th Semester, Student at IILM University, Greater Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.130 The present study deals with the issue of differentiating between benami transactions and true transactions under Indian property law. In this context, the two primary legislative acts, viz., the Transfer of Property Act, 1882 and the Benami Transactions (Prohibition) Act, 1988, are discussed. Whereas the Transfer of Property Act is a set of basic rules that include ownership, intention, and valid consideration, the concept of benami transactions introduces an inconsistency between legal ownership and beneficial ownership. The study highlights various differences between true transactions and benami transactions, focusing on intention, source of consideration, and possession as the key elements for the identification of one transaction from another. Moreover, several decisions made by judicial courts regarding benami transactions are analyzed in order to emphasise the difficulties faced while establishing the actual intention of the parties involved in a transaction through circumstantial evidence. It is important to note that the interplay between the Transfer of Property Act and the concept of benami transactions is associated with certain inconsistencies, which are highlighted in the study, namely flexibility vs. rigidity, recognition vs. prohibition. The study considers the potential challenges in distinguishing between true and benami transactions, including family arrangement, absence of documents, etc. Under the critical approach adopted by the research, an analysis will be made on whether the rigidness of the benami law goes against the equity principle in TPA and limits genuine transactions. This will help make the case for achieving balance in this issue. Ultimately, reform strategies are provided, such as setting clear guidelines, better documentation, alignment of laws, and protection of valid transactions. The objective is to create a legal environment that facilitates genuine transactions and eliminates illegal benami transactions.

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UNBORN BENEFICIARIES AND PERPETUITY RULE: A COMPARATIVE ANALYSIS OF SECTION 13 & SECTION 14 IN THE TRANSFER OF THE PROPERTY ACT, 1882

Volume I Issue II /

UNBORN BENEFICIARIES AND PERPETUITY RULE: A COMPARATIVE ANALYSIS OF SECTION 13 & SECTION 14 IN THE TRANSFER OF THE PROPERTY ACT, 1882 Ruchika Chaurasia, 3rd Year, BA LL. B, Delhi Metropolitan Education, GGSIPU, New Delhi. Tanya Sharma, 3rd Year, BA LL. B, Delhi Metropolitan Education, GGSIPU, New Delhi. Download Manuscript ABSTRACT The Transfer of Property Act, 1882, plays a crucial role in governing property transfers in India. Sections 13 and 14 of this Act address the intricate aspects of unborn beneficiaries and the rule against perpetuity, respectively. This research paper comprehensively analyzes the interplay between these two sections and their implications in property transactions.  The paper begins with an introduction to the Transfer of Property Act, highlighting the significance of Sections 13 and 14. It then delves into Section 13, exploring the provisions governing the transfer of property to unborn children. The legal requirements, conditions, and implications for property succession and inheritance rights are examined, with relevant case law examples. Subsequently, Section 14, which deals with the rule against perpetuity, is analyzed. The concept of perpetuity, its purpose in property transfers, and the provisions of Section 14 are explained. The impact of this rule on property rights and exceptions to it are discussed in detail. The research paper then focuses on the interplay between Sections 13 and 14, investigating how the transfer to unborn beneficiaries interacts with the rule against perpetuity. Case studies and legal precedents are presented to illustrate this interplay and its significance in property transactions. Furthermore, the paper explores international perspectives and comparative analysis to gain insights from other jurisdictions. Critical evaluation, controversies, and potential reforms related to Sections 13 and 14 are also discussed. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 79 – 91 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content UNBORN BENEFICIARIES AND PERPETUITY RULE: A COMPARATIVE ANALYSIS OF SECTION 13 & SECTION 14 IN THE TRANSFER OF THE PROPERTY ACT, 1882 PLEA OF ALIBI AND IT’S RELEVANCE IN CRIMINAL TRIALS TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS A CRITICAL ANALYSIS OF THE ARMED FORCES SPECIAL POWER ACT (AFSPA). A NEED OF THE TIME OR A DELINEATION FROM THE MORALITY OF THE LAW? CORPORATE GOVERNANCE IN MODERN TIMES: CAN UTILIZATION OF TECHNOLOGY HELP ACHIEVE STRONGER CORPORATE GOVERNANCE

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