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SUPREME COURT OF INDIA

Year of decision: 2023
Details

Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed by defendant no.1 - Entire right, title and interest of defendant no.1 in suit property has been transferred to plaintiff vide sale deed - Plaintiff has taken over suit properties with liabilities as set out in sale deed - Unilateral cancellation of sale deed not binding on..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Transfer of Property Act, 1882, Section 54 -- Sale with a condition to repurchase - Transfer or assignment of such right - Condition of right to repurchase in sale deed not personal to the vendor unless terms in the document specifically state so - No implied prohibition of transfer or assignment can be inferred in a document - Benefit of contract is assignable in cases..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Transfer of Property Act, 1882, Section 54 -- Sale with a condition to repurchase - Transfer or assignment of such right - No term in conditional sale deed which debars its assignment to any other person - Clause in the document mentions only right of repurchase - Vendor assigned his right to repurchase in favour of his daughter-in-law by gift deed - Such right can always..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Not a transaction of sale or a document transferring the proprietary rights in an immovable property but prospective purchaser having performed his part of the contract and lawfully in possession acquires possessory title which is liable to be protected u/s 53-A of the Transfer of..........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Transfer of Property Act, 1882, Section 109 -- Eviction suit - Transfer of property by original landlord to transferee during pendency of suit - Specific averment made in sale deed that eviction suit is pending before SCC Court and authority is given to transferee to contest the suit - There is no dispute that it also includes right to recover rent - Transferee therefore,..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Transfer of Property Act, 1882, Section 3, 8, Registration Act, 1908, Section 2(6), General Clauses Act, 1897, Section 3(26) -- Immovable property - Sale of rights over scheduled property - It includes all the rights, easements, interests, etc. i.e. the rights which ordinarily passed on such sale over the land - When rights over the scheduled property is sold then vendor..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Registered lease deed - Not open to be altered or amended even by High Court in exercise of its jurisdiction under Article 226 of the Constitution...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Tender floated for lease of 27887.50 sq. meters - However, transaction concluded on execution of lease deed without demur for 18262.89 sq. meters and instrument registered - It is not open to either party to question at least in the writ jurisdiction of High Court under Article..........

KERALA HIGH COURT

Year of decision: 2023
Details

Transfer of Property Act, 1882, Section 100 -- Charge - Charge on an immovable property can be created by acts of parties or by operation of law as provided in S.100 of the Act...........

KERALA HIGH COURT

Year of decision: 2023
Details

Transfer of Property Act, 1882, Section 100 -- Charge - Court can only recognize and declare a charge which pre-exists - A Court cannot create a charge anew...........

Showing : 11-20 of 1462 Results