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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether, after execution of registered sale deeds transferring absolute title in industrial plots, the allotting corporation could enforce the allotment conditions to cancel the allotment or demand 50% of the prevailing market value as a condition for granting further time to construct.
Analysis: The allotment letters contained a stipulation to complete construction within two years, but that stipulation was not incorporated in the sale deeds. After receiving full consideration and executing registered sale deeds, the corporation transferred absolute title to the purchasers. Once such transfer was completed, the earlier allotment conditions ceased to operate against the transferees unless they were carried forward into the conveyance or otherwise constituted a legally enforceable condition attached to the transfer. The provisions governing transfer of property protect the sanctity of an absolute conveyance, and a seller cannot unilaterally revive or enforce pre-conveyance conditions after execution of the sale deed. In the absence of any contractual or statutory basis, the demand for 50% of the prevailing market value also had no legal footing.
Conclusion: The corporation had no power to cancel the allotment or demand the additional amount after execution of the sale deeds, and the challenge to the respondents' writ petitions failed.
Ratio Decidendi: Once immovable property is conveyed by a registered sale deed transferring absolute title, pre-conveyance allotment conditions not preserved in the deed cannot be unilaterally enforced by the transferor, and any additional monetary demand must rest on a valid legal basis.
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