Purchaser’s title
Full Text
Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.
Plain English Summary
Section 65 codifies the doctrine of 'relation back' for court auction purchasers of immovable property. Once an execution sale is confirmed and becomes absolute under Order XXI Rule 92, legal ownership and title are deemed to have vested in the purchaser retrospectively from the date of the auction sale rather than the date of confirmation or issuance of the sale certificate.
Key Legal Elements
- Doctrine of Relation Back: Title vests retrospectively from the date of the auction hammer/sale.
- Confirmation as Condition Precedent: Operates only once the sale has become absolute under Order XXI Rule 92.
- Rejection of Confirmation Date: Expressly rules out the date of confirmation or sale certificate issuance as the date of vesting.
- Entitlement to Mesne Profits: Empowers the auction purchaser to claim rents and profits accruing from the date of the auction.
Practical Note
Doctrine of Relation Back & Auction Purchaser Rights: (1) Retrospective Title Vesting: Although the auction purchaser's title remains inchoate until all objections under Order XXI Rules 89, 90, and 91 are dismissed and the sale is confirmed under Rule 92, once made absolute, ownership relates back to the actual auction date. (2) Claim to Intervening Profits: Because ownership vests as of the sale date, the purchaser is entitled to all rents, profits, and mesne profits generated by the property between the auction date and the confirmation date. (3) Superiority Over Intervening Alienations: Any attempt by the judgment-debtor or third parties to encumber, lease, or alienate the property during the interim confirmation period is void and defeated by the purchaser's relation-back title.
हिंदी पाठ
जहां किसी डिक्री के निष्पादन में कोई स्थावर (अचल) संपत्ति बेची जाती है और ऐसा विक्रय अंतिम (Absolute) हो जाता है, वहां वह संपत्ति उस समय से क्रेता में निहित हुई समझी जाएगी जब संपत्ति बेची गई थी, न कि उस समय से जब विक्रय अंतिम हुआ था।