Supreme Court of India · 2014-01-08
SADASHIV PRASAD SINGH vs HARENDAR SINGH .
- Citation / case number
- SC 2010/22467
- Court
- Supreme Court of India
- Petitioner
- SADASHIV PRASAD SINGH
- Respondent
- HARENDAR SINGH .
- Author
- Jagdish Singh Khehar
- Bench
- JAGDISH SINGH KHEHAR A.K. PATNAIK
Judgment text excerpt
The Supreme Court ruled that the provisions of Section 53 of the Transfer of Property Act, 1882, regarding fraudulent transfers, apply in cases where a property is transferred to evade creditors. The Court held that the sale of property attached in recovery proceedings is valid despite the objection raised by Harender Singh, as he failed to substantiate his claim of ownership through a registered sale deed. The Court affirmed the auction sale in favor of Sadashiv Prasad Singh, confirming the legality of the recovery process initiated by the Bank.