Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Failure of transferee to send a notice calling upon transferor to execute sale deed demonstrates that he was not ready and willing to perform his part of contract - Transferee not entitled to get possession over suit property u/s 53-A of the Act...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Suit for permanent injunction and restoration of possession - Defendant/transferee has taken possession of suit property in part performance of contract - However, defendant not pleaded that he is ready and willing to perform his part of contract - Defendant ought to have sent a written..........
Hindu Succession Act, 1956, Section 22, Transfer of Property Act, 1882, Section 123 -- Preferential right of heir to acquire property - Gift to stranger - Gift of immovable property to a stranger is transfer within ambit of S.22 of Hindu Succession Act and heir coming within Class-I of Schedule under Hindu Succession Act is entitled to preferential right...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Transfer of Property Act, 1882, Section 39 -- Maintenance to wife - Charge created over husbands property - Mortgage executed by husband over one of the properties - Held, S.39 TPA will take care of situation and that cannot by itself defeat the rights of wife...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 96, 100, Order 22, Rule 10 -- Transfer pendente lite - During pendency of suit for specific performance and also in violation of ad interim injunction - Irrespective of any bona fides, transferee pendente lite is bound by the decree being passed by trial Court - Purchase of property during..........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Unregistered - However, same an admitted document - It is admissible in nature for proving the status in which defendant is occupying the suit property...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Neither illegal nor void and provision of S.52 of the Act do not have effect of annulling conveyance or transfer otherwise, but such conveyance or transfer remains subservient to a writing of parties to a litigation...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Determination - Intention of parties is to be gathered from document itself - Mainly, intention is to be gathered from meaning and words used in the document except where it is alleged and proved that document is a camouflage...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties were never to create a relationship of lessor and lessee - Prior agreement between parties superseded by subsequent agreement - Defendants did not even step into witness box to establish that they were lessees not merely licensees of suit premises - There..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - If plea based on S.41 of the Act is to be taken, then same has to be backed by pleadings and not mere adoption of pleadings of some other defendants...........
