Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed without receiving any consideration - An agreement made without consideration cannot be held as void, if it is registered under Law or it does not mention about unpaid..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25, Evidence Act, 1872, Section 91, 92 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed under coercion and threat and without receiving any consideration - In the sale deed, it is mentioned that sale consideration was received by..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed on basis of Power of Attorney which original plaintiff no.3 never executed - There was specific denial of very existence of Power of Attorney - Onus was thus, on defendants to have either produced Power of Attorney on record or to have led cogent evidence to..........
Transfer of Property Act, 1882, Section 54 -- Sale deed by power of attorney holder - Plea of breach of duty by selling property below the agreed price by power of attorney holder - Cannot invalidate sale or render it null and void as perusal of the power of attorney will make it clear that any restriction on the price is conspicuous by its absence in the power of..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - If a sale deed in respect of immovable property is executed without payment of price and it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law - Such a sale will be void and it will not effect the transfer of immovable property...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - Sale deed executed by power of attorney holder, in favour of wife and minor sons - Wife and minor sons having no earning capacity - No evidence adduced about payment of price mentioned in the sale deeds as well as the earning capacity at the relevant time of his wife and minor sons..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed in excess acquired under the Will - Will, held not revoked, by executing an agreement in between some of the beneficiaries - Held, sale is valid only to the extent of land which was bequeathed in favour of vendor under the Will - It will be open for the..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Plaintiff companies claim that they are not executor of sale deed in question - Even though, it is disputed question of fact, but same would not in any manner exempt plaintiffs from legal requirement to pay ad valorem Court fee - Plaintiffs rightly directed to..........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Consideration - An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such agreement is not void...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaring sale deeds as null and void - Suit filed on 22.11.2019 averring that plaintiff came to know for the first time about sale deed on 30.10.2019 - No averment in the plaint and no document on record, which shows that plaintiff had knowledge about sale..........
