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Hemalatha (D) by LRs. v. Tukaram (D) by LRs. & Ors.

Not available · 2026 INSC 82Decided 22 Jan 2026
Not available
Justice Rajesh Bindal · Justice Manmohan

Background

A seller who mortgaged his house in 1966, later sold it via registered deed in 1971 to redeem the mortgage while renting it back, tried decades later to have that sale declared a "sham" disguised mortgage, only after eviction proceedings began.

Decision Breakdown

The Supreme Court held a registered Sale Deed carries a strong presumption of genuineness, and the seller's own conduct (paying rent for 14 months, never disputing the transaction earlier) contradicted his belated claim, which was raised only as a "counterblast" to eviction.

Lesson Learnt

A registered sale deed cannot be undone years later merely by claiming it was "really" a loan, absent strong, contemporaneous evidence it was never meant to be acted upon.

Official source (sci.gov.in)View Judgment (PDF)

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