Supreme Court of India
Commissioner Of Income-Tax ... vs Podar Cement Pvt. Ltd. Etc on 27 May, 1997
Bench: K.S. Paripoornan, K. Venkataswami, B.N. Kirpal
Anyone in possession of property in his own title exercising such dominion over the property as would enable others being excluded therefrom and having the right to use and occupy the property and/or to enjoy its usufruct in his own right would be the owner of the buildings though a formal deed of title may not have been executed and registered as contemplated by the Transfer of Property Act, the Registration Act, etc - Commissioner Of Income-Tax ... vs Podar Cement Pvt. Ltd. Etc on 27 May, 1997
Where as
Supreme Court of India
Suraj Lamps & Industries Pvt Ltd. v. State of Haryana and another. [Special Leave Petition (C) No.13917 of 2009-Decided on 11-10-2011.] The operative portion of the said judgment clearly stipulates that SA/GPA/WILL transactions are not `transfers' or `sales' and that such transactions cannot be treated as completed transfers or conveyances.
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