3 articles tagged with Transfer Of Property Act. Latest first.
A Supreme Court bench of Justices S.V.N. Bhatti and Prasanna B. Varale remands a Kanpur eviction suit, holding that striking off a tenant's defence demands proper determination of the first date of hearing.
A flat purchase in India is governed by three statutes operating in layers — the Transfer of Property Act, 1882 supplies the substantive law of sale (Sections 54 and 55), the Registration Act, 1908 supplies the formalities of conveyance (Sections 17, 18, 23 and 49), and the Real Estate (Regulation and Development) Act, 2016 supplies the regulatory overlay for the under-construction segment (Sections 3, 4, 11, 12, 13, 14 and 18). On top of these sit the state stamp acts (calculated under Article 23 of Schedule I of the Indian Stamp Act, 1899 or the state equivalent) and the municipal-revenue framework that supplies the mutation records, the Encumbrance Certificate and the local extract — the 7/12 in Maharashtra, the khata in Karnataka, the patta in Tamil Nadu. The Supreme Court in Suraj Lamps and Industries Pvt Ltd v State of Haryana , (2012) 1 SCC 656 settled the bright-line rule that GPA-sales, sale-agreement-cum-power-of-attorney-cum-will transfers and similar workarounds do not transfer title — only a registered sale deed does. This guide sets out the title-verification checklist a buyer must work through before signing the sale deed, and identifies the documents whose absence is dispositive.
A cashless authorisation under a health-insurance policy is a contractual entitlement, not a discretionary favour. It is mediated by the IRDAI (Health Insurance) Regulations, 2016, the IRDAI (Protection of Policyholders' Interests) Regulations, 2017, the IRDAI Master Circular on Standardisation in Health Insurance Business dated 22 July 2020 and the IRDAI Health Insurance (Standardisation) Guidelines, 2022, supplemented by the IRDAI Circular on "Cashless Everywhere" dated 31 January 2024. The regulator has prescribed turn-around-times for pre-authorisation and for final discharge, identified the third-party administrator's contractual role, and laid down the empanelment architecture of network hospitals. A refusal that breaches these turn-around-times — or a denial founded on a clause the insurer has waived through prior conduct — is reviewable through the IRDAI grievance route, the Insurance Ombudsman under the Insurance Ombudsman Rules, 1998 as superseded by the IRDAI Integrated Insurance Ombudsman Scheme, 2017 (amended 2021), the District Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019 and the civil court. The Supreme Court in National Insurance Co. Ltd. v Hindustan Safety Glass Works Ltd. , (2017) 5 SCC 776 and in Galada Continental Pvt. Ltd. v Union of India , (2016) 12 SCC 152 has refused to allow insurers to retreat behind technical clauses where conduct shows waiver or acquiescence. This guide sets out the framework and the denial routes as they now operate.
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