Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - Sale deed executed by power of attorney holder, in favour of wife and minor sons - Wife and minor sons having no earning capacity - No evidence adduced about payment of price mentioned in the sale deeds as well as the earning capacity at the relevant time of his wife and minor sons..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Suit for Specific performance - Mortgage of property during pendency of suit - Appellants derived their right from alleged mortgage which was entered into during pendency of suit - Both the Courts thus, rightly found that alleged mortgage in favour of predecessor in interest of appellants is governed by..........
Transfer of Property Act, 1882, Section 58 -- Mortgage - There is no limitation period in case of usufructuary mortgage - `Once a mortgage always a mortgage'...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or outright sale - Document in question purports to be an absolute sale, as it does not contain any stipulation for treating the sale as mortgage - Transaction in question in absence of embodiment as contained in S.58(c) Proviso of the Act, cannot be regarded as security for loan and it is an..........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Consideration - An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such agreement is not void...........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Nominal sale consideration - If elder brother had come to the help of younger brother, discharging his debtors and executing a sale deed mentioning a nominal sale consideration, it cannot to be said to be a sale without consideration...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Ignorance of nature of document on which signatures were obtained - Elder brother came to the help of younger brother, discharging his debtors and executing a sale deed - Such ignorance is not an instance of misrepresentation or a fraud in the facts of the case which would vitiate a sale deed executed and registered..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Fraud and misrepresentation - Respondent admits that there were debts which were paid off by appellant No.1 and he also admits that he was taken to the Municipal Office and signed once outside the Municipal Office and once inside the Municipal Office and that his wife accompanied him - With such facts are on record,..........
Transfer of Property Act, 1882, Section 53A -- Entitlement to retain possession u/s 53-A of the Act - Agreement to sell - Once a party loses his right under agreement by dismissal of suit for specific performance, it would be inconsistent and incompatible with his right to remain in possession under the agreement...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - When delivery of possession was effected in furtherance of sale deed, it would amount to notice to all concerned...........
