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Results of deposit of title deeds

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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Defendant directed to furnish bank guarantee by way of security till disposal of case - However, defendant wants to furnish collateral security of equivalent value in lieu of bank guarantee - Since defendant is willing to deposit title of property owned by him worth of which is..........

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 - Plaintiffs thus, cannot be deprived of..........

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 this aspect before trial Court..........

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..........

KERALA HIGH COURT

Year of decision: 2017
Details

Kerala Stamp Act, 1959, Article 15 -- Instrument - or deed cancelling a registered document `relating to deposit of title deeds' falls under Art.15 of schedule to the Act...........

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,..........

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...........

Showing : 1-10 of 47 Results