Nominee conveyance in liquidation sale upheld where confirmation alone did not complete transfer of title.

In a court-controlled sale of immovable property belonging to a company in liquidation, the purchaser could direct execution of the conveyance in favour of a nominee as co-purchaser because the sale terms did not expressly forbid that course. Confirmation of sale alone did not complete title where the conveyance had not yet been executed and registered; under the Code of Civil Procedure, the Transfer of Property Act, 1882 and the Registration Act, title passed only at the conveyance stage. The purchaser's common law right to nominate remained available unless excluded by contract, and the nominee could be joined as co-purchaser since full consideration had been paid and no additional burden arose for the Official Liquidator.

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Issues: Whether, in the sale of immovable property of a company in liquidation, the purchaser could have the conveyance executed in favour of its nominee as co-purchaser, and whether the confirmation of sale had already completed the transfer so as to prevent such a course.

Analysis: The terms of sale prohibited bids in the name of a nominee and required conveyance in favour of the purchaser, but they did not contain an express prohibition against execution of conveyance in favour of a nominee. The Court distinguished the authorities relied on by the Official Liquidator and held that, in a court-controlled sale, confirmation of sale does not by itself complete the transaction when the conveyance has not yet been executed and registered. The scheme of sale under the Code of Civil Procedure, the Transfer of Property Act, 1882 and the Registration Act shows that title is completed only upon the conveyance stage, and the purchaser's common law right to direct conveyance to a nominee remains available unless expressly excluded by contract. Since the full consideration had been paid by the purchaser and no additional burden was cast on the Official Liquidator, the nominee could be joined as co-purchaser.

Conclusion: The request for execution of conveyance in favour of the purchaser's nominee as co-purchaser was allowed.

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