Section 53 The Transfer of Property Act, 1882

 

 Section 53 The Transfer of Property Act, 1882: 

Fraudulent transfer.—

(1) Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so defeated or delayed. Nothing in this sub-section shall impair the rights of a transferee in good faith and for consideration. Nothing in this sub-section shall affect any law for the time being in force relating to insolvency. A suit instituted by a creditor (which term includes a decree-holder whether he has or has not applied for execution of his decree) to avoid a transfer on the ground that it has been made with intent to defeat or delay the creditors of the transferor shall be instituted on behalf of, or for the benefit of, all the creditors.

(2) Every transfer of immoveable property made without consideration with intent to defraud a subsequent transferee shall be voidable at the option of such transferee. For the purposes of this sub-section, no transfer made without consideration shall be deemed to have been made with intent to defraud by reason only that a subsequent transfer for consideration was made.]

Supreme Court of India Important Judgments And Leading Case Law Related to Section 53 The Transfer of Property Act, 1882: 

C. Abdul Shukoor Saheb vs Arji Papa Rao And Others on 14 November, 1962

Chogmal Bhandari & Others vs Deputy Commercial Tax Officer Ii  on 4 February, 1976

Union Of India vs Rajeswari And Co, & Ors on 15 July, 1986

The Tax Recovery Officer Ii, vs Gangadhar Vishwanath Ranade  on 10 September, 1998

V.R. Sudhakara Rao & Ors vs T.V. Kameswari on 18 April, 2007

V. N. Sarin vs Major Ajit Kumar Poplai on 9 August, 1965

State Of Maharashtra vs Gulab Rao on 30 January, 1995

Sitaram vs Radhey Shyam Vishnav on 6 March, 2018

Prasad & Ors vs V. Govindaswami Mudaliar & Ors on 8 December, 1981

Express Newspapers Pvt. Ltd. & Ors vs Union Of India & Ors on 7 October, 1985

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