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    <title>1960 (8) TMI 93 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=191488</link>
    <description>A pre-emptive right under the Berar Land Revenue Code arose only on a completed transfer, so a mere agreement for sale did not trigger pre-emption where no valid registered conveyance had yet been executed. Because Section 54 of the Transfer of Property Act treats a contract for sale as creating no interest in immovable property, title did not pass until registration was completed where required. The Court also treated pre-emption as a weak statutory right of substitution and held that parties could lawfully arrange their transaction so that the right did not accrue; that conduct was not fraud merely because it prevented the right from arising. No enforceable pre-emption right had accrued when the suit was filed.</description>
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    <pubDate>Tue, 23 Aug 1960 00:00:00 +0530</pubDate>
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      <title>1960 (8) TMI 93 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=191488</link>
      <description>A pre-emptive right under the Berar Land Revenue Code arose only on a completed transfer, so a mere agreement for sale did not trigger pre-emption where no valid registered conveyance had yet been executed. Because Section 54 of the Transfer of Property Act treats a contract for sale as creating no interest in immovable property, title did not pass until registration was completed where required. The Court also treated pre-emption as a weak statutory right of substitution and held that parties could lawfully arrange their transaction so that the right did not accrue; that conduct was not fraud merely because it prevented the right from arising. No enforceable pre-emption right had accrued when the suit was filed.</description>
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      <pubDate>Tue, 23 Aug 1960 00:00:00 +0530</pubDate>
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