Showing : 1-10 of 43 Results

BOMBAY HIGH COURT
Year of decision: 2019
Details
Registration Act, 1908, Section 60, 62-- Certificate of registration - Registered agreement for sale - Sale of flat - Defendant agreed to sell his flat to plaintiffs - Plaintiffs paid entire consideration agreed between parties as per agreement for sale - There is certificate by registering authority in terms of S.62 of the Act -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(f)-- Equitable mortgage - Can be created by deposit of either original title deed or certified copies or Photostat copies of title deeds - It is only the intention of parties which is prime factor to be considered...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Marking of document - Memorandum of deposit of title deeds - Validity of such document can be decided at the time of disposal of main suit - Question as to whether memorandum requires registration or not needs to be decided before document is admitted in evidence - Defendant permitted to agitate..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Registration Act, 1908, Section 17-- Registration - Letter of confirmation deed confirming equitable mortgage - It is a letter of recording of concluded contract, evidencing past transaction, which does not require registration - Letter of confirmation deed and document of deposit of title deeds does not require registration...........
KERALA HIGH COURT
Year of decision: 2019
Details
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, 25, 29, 31A, Income Tax Act, 1961, Rule 68B-- Second Sch. - Auction sale - Conducted after lapse of 8 years from issuance of recovery certificate - Rule 68B of Second Sch. to Income Tax Act clearly mandates that no sale of immovable property shall be made after expiry of 3 years from the end of financial year in which the order giving rise to..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(zb), 13(2), Transfer of Property Act, 1882, Section 58(f)-- Security agreement - Enforcement of security interest - In the instant case, guarantor deposited title deeds of suit properties with bank with intention of creating mortgage in favour of bank - Even, title deeds were accepted by bank as per entry form by mentioning that title deeds mortgaged with..........
KERALA HIGH COURT
Year of decision: 2017
Details
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 58(f)-- Registration - Memorandum/letter acknowledging deposit of title deeds - If the memorandum is prepared merely to confirm/acknowledge the deposit of title deeds, registration is not required irrespective of point of time at which it is executed - However, if the memorandum creates rights and..........
KERALA HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(f)-- Mortgage by deposit of title deeds - In order to create mortgage by deposit of title deeds, all that is necessary is mere handing over of title deeds with the intend to create mortgage over property - No formal document is necessary...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Mortgage suit - Once a person comes to Court with a positive stand that document No.4 was only a memorandum of deposit of title deeds post facto, it is not open to Court below to return the plaint on the presumption that there was no valid mortgage deed - Validity of mortgage..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Registration Act, 1908, Section 17(1)(c)-- Memorandum of deposit of title deeds - Does not require registration, if it is a simple document depositing title deed as a security - But when it authorized the lender to take action for recovery of money on the basis of such deposit of title deed, it requires registration and stamp duty...........

Showing : 1-10 of 43 Results