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april 2009

Supreme Court of India · 2009-04-15

M/S Residents Welfare ... vs State Of U.P. & Ors

Citation / case number
AIR 2009 SC (SUPP) 2193
Court
Supreme Court of India
Petitioner
M/S Residents Welfare ...
Respondent
State Of U.P. & Ors
Author
Tarun Chatterjee
Bench
Arijit Pasayat, Tarun Chatterjee

Judgment text excerpt

The Supreme Court addressed the legality of transfer of leasehold rights in the context of agreements executed by members of a Resident Welfare Association with cooperative housing societies. The Court emphasized that the lease deeds executed by Noida contained restrictions on transfer without prior consent, as mandated by the lease agreements. The Court upheld the validity of the agreements for transfer of leasehold rights, stating that the registration of such agreements with the Sub-Registrar under the UP Stamp Act was sufficient to confer rights, despite the restrictions imposed by the Noida authorities. The appeal was allowed, overturning the High Court's dismissal of the writ petition.

M/S Residents Welfare ... vs State Of U.P. & Ors · Niyam