Showing : 1-10 of 46 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54, 55(4)(b)-- Sale - Non payment of sale consideration - If in the sale deed it is mentioned that title has passed on execution of sale deed, then non payment of sale consideration would at the most be recoverable and would remain charge on the property sold/transferred...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54, 55(4)(b), 8-- Registered sale deed - Setting aside - Sale consideration paid through cheque which was duly encashed and the amount was credited in the accounts of vendors - Amount remained in the account of vendors for nine months - After nine months CBI stopped the bank of vendors from disbursing the said..........
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 - Where no buyer seller relationship is established between contracting parties and only a debtor creditor relationship is established, no charge u/s 55(6)(b) of T.P.Act can be claimed...........
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...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 55-- Sale - Cancellation - When buyer discharges obligations and seller passes/conveys ownership of property, contract is concluded - Thereafter, liabilities, obligations and rights, if any, between buyer and seller would be governed by other provisions of Contract Act and Specific Relief Act on..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 5, 8, 10, 11, 55, Indian Contract Act, 1872, Section 23-- Not completing construction within stipulated period - Condition mentioned in allotment letter - No such condition stipulated in sale deed - Corporation thus, had no right to insist cancellation of plots or demand of payment on the basis of conditions mentioned in allotment letter after making..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54, 55-- Sale deed - Registered - Cannot be set aside on the ground that part of sale consideration has not been paid - As per S.55 of the Act, sale consideration, if any, remains unpaid, is a first charge on property sold...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 55-- Auction sale - S.55 of the Act is not attracted to auction which only invited offers for potential purchasers...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 54, 55, 53A-- U, registered agreement to sell - Does not meet the requirements of Ss.54, 55 of the Act - However, same can only be used as a defence in proceedings initiated by transferor or by any person claiming under him with respect to S.53-A of the Act...........
KERALA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 55(5)(b)-- Statutory charge - Charge of buyer for purchase-money properly paid effective not only against the seller, but also against all persons claiming under him, irrespective of notice of such payment of purchase-money...........

Showing : 1-10 of 46 Results