Registration Act, 1908, Section 17(1A), (2)(v), 49, Transfer of Property Act, 1882, Section 53A -- (As amended by Amendment Act of 2001) - Unregistered agreement to sell - Admissibility - Held, if any person takes possession in pursuance to a contract which is required to be registered but has not been registered, the transferee has no right to remain in possession of..........
Specific Relief Act, 1963, Section 22, Registration Act, 1908, Section 17(1A), (2)(v), 49, Transfer of Property Act, 1882, Section 53A -- (As amended by Amendment Act of 2001) - Unregistered agreement to sell - Suit for specific performance - Plaintiff is seeking possession of property by way of specific performance of agreement to sell - He is not seeking protection of..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell found not enforceable - Vendee not found willing to perform his part of contract - Relief of specific performance denied - Protection of S.53-A TPA cannot be claimed by vendee...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Benefit of the provision of S.53-A TPA is available on fulfilling the following conditions: (i) The contract should have been in writing signed by or on behalf of the transferor; (ii) The transferee should have got possession of the immovable property covered by the contract; (iii) The transferee should have..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell executed on 27.11.1982 whereby possession alleged to be delivered - On 14.7.1985 irrevocable power of attorney executed and recitals therein show that the property at that particular time was in possession of transferor - Held, defendant did not get possession of the property after..........
Transfer of Property Act, 1882, Section 53A -- Part performance - When all conditions of provision of S.53-A TPA are satisfied, the possession of the person must be protected by the court whether he comes as a plaintiff or defendant - The only embargo is that S.53-A cannot be taken in aid by the transferee to establish his right as owner of the property - But the..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Party in possession of property under an agreement of sale has not only a right to defend his possession in an action brought by transferor or any person claiming under him but he can also institute a suit for injunction to protect his possession by invoking doctrine of part performance even though his..........
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 53A -- Subsequent purchaser - Right of a subsequent purchaser for consideration having no notice of earlier contract is not affected in an action brought by the person who was put in possession of property under an earlier written contract...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Plaintiff put in possession of property two months prior to execution of agreement to sell in his favour - Plaintiff failed to pay installments as stipulated in the agreement - He also failed to establish his readiness and willingness to perform his part of the contract - Plaintiff..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Transferror cannot enforce any right against the transferee, who is in possession of the property in part performance of the agreement to sell - It is defendant, who can protect his possession by taking shelter u/s 53-A of the Act and plaintiff is not entitled to any such protection - Another condition to be..........
