Supreme Court of India
Hill Properties Ltd. v. Union Bank of India and Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the right, title, interest over a flat conveyed is a species of property, whether that right has E been accrued under the provisions of the Articles of Association of a Company or through the bye-laws of a Cooperative Society.
Judgment, page 8
From the headnote
Transfer of Property - Multi-storeyed flats - Flats purchased by members of Cooperative Society or shareholders of Company - Right, title, interest over such flat - Nature of - Held: It is a species of property, whether that right has been accrued under the provisions of the Articles of Association of a Company or through the bye-laws of a Cooperative Society- It cannot be said that flat owners cannot sell, let, hypothecate or mortgage their flat for availing of loan without permission of the builder, Society or the Company - The right of transfer of land is incidental to the right of…
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