The J&K&L High Court in a recent judgment ruled that there is absolutely no requirement of law that the possession of immovable property must be transferred simultaneously with the execution of the Sale Deed.

The Court while hearing a Second Appeal against the judgment and decree of the District Judge, Anantnag (the 1st Appellate Court) whereby the suit was decreed against the Plaintiffs therein (the Petitioners before the Hon’ble High Court) on the ground that the plaintiffs had failed to prove that they were in possession of the suit property within 12 years next prior to institution of the suit, despite having arrived at a conclusion that there was a valid sale deed executed, observed that Section 54 of the J&K Transfer of Property Act, is clear that “ownership of immovable property can be transferred by way of ‘sale’ by the vendor in favor of vendee without actual delivery of possession of the property sold”. It further observed that the only requirement vis-a-vis sale of a tangible immovable property is that it must be made by a registered document in exchange for a price paid or promised or part-promised.

The Ld. Court upon the consideration of the entire dispute concluded that the impugned judgment and decree of the 1st Appellate Court was flawed to the extent it held that the plaintiffs were unable to prove their possession within 12 years next prior to institution of the suit, and thus, set-aside the same. Furthermore, the Hon’ble High Court considering the long pendency of the litigation, instead of remanding back the matter, decreed the suit in favor of the plaintiffs, directing the defendants to deliver the possession thereof to the plaintiffs.