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april 2009

Supreme Court of India · 2009-04-15

M/S RESIDENTS WELFARE ASSOCIATION,NOIDA vs STATE OF U.P.

Citation / case number
SC 1999/13351
Court
Supreme Court of India
Petitioner
M/S RESIDENTS WELFARE ASSOCIATION,NOIDA
Respondent
STATE OF U.P.
Author
TARUN CHATTERJEE

Judgment text excerpt

The Supreme Court upheld the validity of leasehold rights transferred by cooperative housing societies to members, emphasizing that such transfers, although subject to restrictions by Noida authorities, were legitimate if registered under the UP Stamp Act. The Court clarified that the injunction against Noida authorities from issuing transfer memorandums did not invalidate the agreements made prior to the injunction. The judgment reinforced the principle that registered agreements of transfer, even under restrictive conditions, confer enforceable rights to the assignees.

M/S RESIDENTS WELFARE ASSOCIATION,NOIDA vs STATE OF U.P. · Niyam