Section 57 of the Transfer of Property Act Permits Courts to Declare A Property Free of Encumbrance Even Against Will of Encumbrancer

Justice Devan Ramchandran of the Kerala High Court, while hearing an appeal filed against the order of the Additional District Court, Ernakulam, observed that the procedural mechanism under Section 57 of the Transfer of Property Act, 1882 allows to lift encumbrance from an immovable property.

The appeal was filed by M.P Varghese against the order of the Additional District Court, Ernakulam, disallowing the Appellant’s plea for discharge of encumbrance on his property under Section 57 of the TPA, for effecting sale.

The High Court observed that Section 57 of TPA assists a party to sell an immovable property, which is subject to an encumbrance, to fructify the sale for its fair value. In this sense Section 57 of the TPA “permits the court to declare a property free of encumbrance even against the will of the encumbrancer.”

The said order has assumed relevance since there is no precedent on this subject.


Case Details

Title : M P Varghese vs Annamma Yacob & others

Coram : Justice Devan Ramachandran. Univers beity

Appearances : P Thomas Geevarghese, Tony Thomas & E S Firos, Advocates for the appellant; Shiju Varghese, Advocate, for respondent.

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