Showing : 51-60 of 165 Results

BOMBAY HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 54, 58(c)-- Mortgage by conditional sale or sale with condition of repurchase - Condition of repurchase contained in a separate deed - Original sale deed can never be regarded as mortgage - Deed of transfer is out and out sale and condition contained in a separate document would only be regarded as separate..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 54, 58(c)-- Mortgage by conditional sale or sale with condition of repurchase - Separate agreement for reconveyance - Conditions for reconveyance including condition of time is required to be strictly complied - In case of agreement to reconvey time is ordinarily regarded as an essence of contract - Original..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 58, 60-- Redemption of mortgage - Mortgage of property to tenant - Tenancy merges with mortgage - There is implied surrender of tenancy at the time of creation of mortgage - After redemption of mortgage, tenancy does not revive and tenant cannot claim any right to remain in possession of tenanted premises,..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 58(f)-- Mortgage - Deposit of title deeds - Lease deed in favour of lessee with certain restrictions and conditions regarding transfer of such interest would not satisfy the requirement of title deed - As an unauthorized transfer cannot result in valid assumption of any right by transferee...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 58, 100-- Mortgage and charge - In mortgage some rights are transferred to mortgagee and some remains vested in mortgagor - Whereas in charge there is no transfer of an interest of property but creation of right of payment out of specified property...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 58, 54-- Mortgage and sale - Distinction - In order to create mortgage there should be a transfer of interest in specific immoveable property - While in order to constitute sale it should be transfer of ownership...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 58-- Mortgage - Right of foreclosure - In case of unsufructuary mortgage, where no time limit is prescribed for getting property redeemed, right to seek redemption of mortgaged property, would not arise from date of execution of mortgage deed, but from date when mortgagor pays of tenders of deposits..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 58(d)-- Usufructuary mortgage - Mortgagors delivered possession of suit land to mortgagees - Revenue entries reveal that as per mortgage deed, "interest to be accrued on this amount and the produce of land shall be kept at par with each other" - Such a transaction thus fully satisfies the ingredients of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 61(a)-- Usufructuary mortgage - Redemption - Limitation - In case of usufructuary mortgage, where no time limit is fixed to seek redemption, right to seek redemption would not arise on the date of mortgage but will arise on the date when mortgagor pays or tenders to the mortgagee or deposits in Court, the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 61(a)-- Usufructuary mortgage - Redemption - Limitation - Commences when `right to redeem' or to `recover possession' accrues - Such a right accrues only when mortgagor returns the mortgage money - Held, suit filed within thirty years after offering payment of full mortgage money, is within limitation...........

Showing : 51-60 of 165 Results