2017 (7) TMI 1434 - SC - Indian Laws

Supreme Court validates bank's attachment order on flat, emphasizing importance of registered property deeds.

The Greater Bombay Co-operative Bank Limited Versus Mr. Nagraj Ganeshmal Jain & Ors.

The Greater Bombay Co-operative Bank Limited Versus Mr. Nagraj Ganeshmal Jain & Ors. - TMI Issues involved:1. Validity of attachment order of a flat in a cooperative housing society.2. Claim of ownership and membership by a third party based on an alleged agreement to sell.3. Interpretation of the Transfer of Property Act regarding the validity of unregistered agreements to sell.4. Examination of the authenticity and legal implications of the alleged agreement to sell in the context of property attachment proceedings.Issue 1: Validity of attachment order of a flat in a cooperative housing society:The Supreme Court analyzed the case where a bank had attached a flat owned by a company's directors as part of recovery proceedings for unpaid dues. The Court noted that the attachment order was issued in 2001, and subsequent challenges by the directors did not disclose any prior sale or transfer of the flat. The Court highlighted that the bank's attachment was valid and rejected the argument that the attachment order was invalid due to a pre-existing agreement of sale.Issue 2: Claim of ownership and membership by a third party based on an alleged agreement to sell:The Court examined the respondent's claim of ownership of the flat based on an alleged agreement to sell executed with the deceased director. The respondent asserted possession of the flat since 1996 and sought membership in the housing society. However, the Court found discrepancies in the agreement's authenticity and the respondent's actions, concluding that the agreement did not transfer any right, title, or interest in the property. The Court rejected the respondent's claim and set aside the lower court's decision granting membership.Issue 3: Interpretation of the Transfer of Property Act regarding the validity of unregistered agreements to sell:The Court referred to the Transfer of Property Act, emphasizing that immovable property can only be transferred through a registered deed of conveyance. Unregistered agreements to sell do not confer any title or interest in the property unless specifically allowed under Section 53A of the Act. The Court reiterated that agreements to sell must be registered to be legally valid for property transfers.Issue 4: Examination of the authenticity and legal implications of the alleged agreement to sell in the context of property attachment proceedings:The Court scrutinized the alleged agreement to sell presented by the respondent, highlighting doubts regarding the signature authenticity and timing of the document's disclosure. The Court concluded that the agreement lacked credibility, suggesting it was fabricated to evade recovery proceedings. The Court held that the respondent had no legal claim to the property and rejected the membership application to the housing society.Overall, the Supreme Court allowed the bank's appeals, setting aside the lower court's decisions and affirming that the respondent had no right, title, or interest in the property. The Court emphasized the importance of registered deeds for property transfers and dismissed the respondent's claim based on an unregistered agreement to sell.