Mr. Raghav entered into an agreement to purchase a commercial property located in Bengaluru from Zenith InfraTech Ltd. However, during the…

CA Intermediate · Corporate and Other Laws · MTP · September 2025
Mr. Raghav entered into an agreement to purchase a commercial property located in Bengaluru from Zenith InfraTech Ltd. However, during the registration process, he discovered that the title deed was encumbered. The company refused to transfer the title, claiming that Mr. Raghav should have been aware of the existing charge on the property. Evaluate whether Zenith InfraTech Ltd.'s claim is legally valid. Give your answer as per the provisions of the Companies Act, 2013.

Suggested Answer and Working Notes:

According to section 80 of the Companies Act, 2013, where any charge on any property or assets of a company or any of its undertakings is registered under section 77 of the Companies Act, 2013, any person acquiring such property, assets, undertakings or part thereof or any share or interest therein shall be deemed to have notice of the charge from the date of such registration. Thus, section 80 clarifies that if any person acquires a property, assets or undertaking in respect of which a charge is already registered, it would be deemed that he has complete knowledge of charge from the date of its registration. Mr. Raghav, therefore, ought to have been careful while purchasing property and should have verified beforehand that Zenith InfraTech Ltd. had already created a charge on the property. In view of above, the contention of Zenith InfraTech Ltd. is legally valid.

Topics: Registration of Charges

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