https://www.taxtmi.com/caselaws?id=462198 An unregistered agreement to sell does not, by itself, create any interest, mortgage, or charge over immovable property under the transfer of property framework. The surrounding transaction may still support only an equitable claim if the facts show a clear intention to create security, but such a claim does not arise automatically from the agreement alone. Priority between competing securities depends on the nature of the interest created, disclosure, notice, and the validity of the later security. On the stated facts, the later bank's valid security based on title deeds prevailed, and the earlier bank's asserted equitable mortgage could not defeat that priority. en-us Tue, 04 Feb 2025 00:00:00 +0530 Sun, 01 Jun 2025 02:59:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462198 An unregistered agreement to sell does not, by itself, create any interest, mortgage, or charge over immovable property under the transfer of property framework. The surrounding transaction may still support only an equitable claim if the facts show a clear intention to create security, but such a claim does not arise automatically from the agreement alone. Priority between competing securities depends on the nature of the interest created, disclosure, notice, and the validity of the later security. On the stated facts, the later bank's valid security based on title deeds prevailed, and the earlier bank's asserted equitable mortgage could not defeat that priority. Case-Laws Indian Laws Tue, 04 Feb 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462198