Church of North India v. Lavajibhai Ratanjibhai
(2005) 10 SCC 760 · Supreme Court of India
An instrument that in substance creates an interest in immovable property must meet the form the Transfer of Property Act and the Registration Act require.
Unit IV · Drafting, Pleadings and Conveyancing
Mortgage deed and lease deed
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Mortgage/lease checklist: nature of mortgage or term of lease; principal, interest and margin, or rent and deposits; redemption or renewal; default and re-entry; schedule of property; registration.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Transfer of Property Act, 1882 | 58 | Mortgage, mortgagor, mortgagee, mortgage-money and mortgage-deed |
| Transfer of Property Act, 1882 | 59 | Mortgage when to be by assurance |
| Transfer of Property Act, 1882 | 105–107 | Lease defined; duration; leases how made |
| Transfer of Property Act, 1882 | 108 | Rights and liabilities of lessor and lessee |
Landmark cases
Kiran Singh v. Chaman Paswan
AIR 1954 SC 340 · Supreme Court of India
A conveyance dispute decreed by a court that lacked jurisdiction does not settle title.