Showing : 1-10 of 281 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to repurchase - Mere fact that sale and agreement to repurchase are embodied in same document, having regard to intention of parties and surrounding circumstances making the transaction a conditional sale with option to re-purchase, document does..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8-- Property of minor - Agreement to sell by mother - Suit filed by minor for symbolic possession by way of specific performance - Agreement to sell does not by itself create any interest in or charge on property - Same thus, not fall within meaning of word `otherwise', which requires previous..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Agreement with tenant - Jural relationship of landlord and tenant - Such question has to be decided by keeping in view S.111 of Transfer of Property Act and intention of parties - None of the nine conditions of agreement intended to surrender tenancy rights - Tenancy remained unaffected..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 122-- Gift deed - Validity - Execution of gift deed after execution of agreement to sell and after receiving legal notice - Agreement to sell duly proved and prior in point of time - Defendant was left with no power to deal with property that was subject matter of agreement - Gift deed is null and void...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 53, 54-- Unregistered agreement to sell - Does not confer any title nor transfer any interest in an immovable property - Defendant cannot claim any title on suit land on the basis of agreement to sell...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52-- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the witness box..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 60-- Suit for possession by way of redemption of mortgage - Maintainability - Once sale deed is executed in favour of defendants pursuant to decree for possession by way of specific performance of agreement to sell, mortgage created by original owner in favour of mortgagees comes to an end - Defendants..........
KERALA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 55(6)(b)-- Right of buyer - Charge on seller's interest - Agreement to sell - Suit for specific performance - Agreement in question amounted to a loan transaction - There is thus, no buyer seller relationship between parties - Provision of S.55(6)(b) of the Act held, cannot be invoked...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 106-- Lease - Eviction notice - Shop in question was leased to tenant for a period of 11 months as per agreement between parties - After expiry of agreement, tenant became tenant on month to month rent - Eviction notice of 30 days u/s 106 of the Act as given by landlord to tenant is valid - Tenant..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Unregistered - Marking of document as exhibit - Principal document namely the agreement to sell executed prior to coming into force of S.17(1-A) of Registration Act - Amended provision made applicable prospectively - Hence the same was not required to be compulsorily registered - Even if it was..........

Showing : 1-10 of 281 Results