Case Law Details
M. P. Varghese Vs. Annamma Yacob (Kerala High Court at Ernakulam)
Power of Courts to declare a property free of Encumbrances against the will of Encumbrancer
Passing a landmark judgment on 9 Aug 2020, the Kerala High Court has issued a judgment explaining the process mechanism as stated under section 57 of the TP Act 1882 relating to removing encumbrances created on immovable property. The judgment is exemplary because there was no prior case or precedent established in such cases in such matters and it gives an emphasis on the “efficacious and substantive “mechanism as provided under section 57 of the Transfer of Property Act 1882.
What does the Act state about section 57?
It allows any party to the sale of immovable property, troubled with the prior encumbrances to apply to the court for making a declaration that the property concerned is free from such impediments on the deposit a certain sum adjudged by the court and the issue of an order of conveyance or vesting order, appropriate to give effect to the sale.
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