Legalities of Sale Deed and The Effect of Indian Contract Act, 1872

Legalities of Sale Deed and The Effect of Indian Contract Act, 1872

The case of Jehal Tanti v. Nageshwar Singh [2013] GCtR 6258 (SC) has held the execution of sale deed in that case to be illegal. It was noted that Section 23 of the Indian Contract Act, 1872, lays down that the consideration or object of an agreement is lawful, unless it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies injury to the person or property of another; or the Court regards it as immoral, or opposed to public policy. In each of these cases, the consideration or object of an agreement is unlawful and every agreement executed with such an object or consideration which is unlawful is void.