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Results of tpa 54

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ANDHRA PRADESH HIGH COURT

Year of decision: 1999
Details

Transfer of Property Act, 1882, Section 54, 55(a), 55(b) -- Sale - Non payment of consideration amount - Transferee continues to be the owner - However, defendant agreed he has no right over the property and as such he would execute a relinquishment deed and register the same in the name of plaintiff - Relinquishment deed not executed and registered - Held, in the absence..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1999
Details

Transfer of Property Act, 1882, Section 54, 55(a), (b) -- Sale - Consideration amount not paid - Transferee continues to be the owner - Relinquishment deed agreed to be executed - On failure to execute and register the relinquishment deed it cannot be said that transferee is divested of his title to the property - On non execution of the relinquishment deed the only..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1999
Details

Transfer of Property Act, 1882, Section 54 -- Sale - Entire consideration paid - Title will be complete only on execution of regular sale deed...........

SUPREME COURT OF INDIA

Year of decision: 1999
Details

Transfer of Property Act, 1882, Section 54 -- Sale - The words 'price paid or promised or part-paid and part-promised' indicate that actual payment of whole of the price at the time of the execution of sale deed is not a sine qua non to the completion of the sale - Even if the whole of the price is not paid but the document is executed and thereafter registered, the sale..........

SUPREME COURT OF INDIA

Year of decision: 1999
Details

Transfer of Property Act, 1882, Section 54 -- Sale - In order to constitute a sale the parties must intend to transfer the ownership of the property and they must also intend that the price would be paid either in presenti or in future - The intention is to be gathered from the recital in the sale deed, conduct of the parties and the evidence on record...........

SUPREME COURT OF INDIA

Year of decision: 1999
Details

Transfer of Property Act, 1882, Section 54 -- Sale - Objections by stranger - Held, it is open even to a stranger to impeach a sale deed as void and invalid in a suit against him by the buyer/purchaser of a property - A person in his capacity as a defendant can raise any legitimate plea available to him under law to defeat the suit of the plaintiff - This also includes the..........

SUPREME COURT OF INDIA

Year of decision: 1999
Details

Transfer of Property Act, 1882, Section 54 -- Tenant - In his capacity as defendant it is open to him to assert, plead and prove that the sale deed is fictitious and collusive in nature...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1999
Details

Transfer of Property Act, 1882, Section 54, 107, 123, 53A -- Ss.54, 107, 123 extended to State of Punjab with effect from 1.4.1955 - After this, sales, mortgages and leases of immovable property are permissible only by a registered document - Prior to April 1955 though T.P. Act did not apply to State of Punjab yet its principles being based upon equity, justice and good..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 1998
Details

Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 34 -- Sale deed - Executed but not registered - Document got registered in the absence of plaintiff - Suit for declaration that sale deed is null and void - Sale deed showing that entire consideration amount was to be made before Registering Authority at the time of registration - No evidence to..........

SUPREME COURT OF INDIA

Year of decision: 1998
Details

Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 92 -- Sale deed - Mere fact that certain amount of sale consideration remained unpaid - By itself not indicative of the fact that sale is not complete - Intention of the parties is the relevant factor - Presumption of S.92 is available to transferee - Cancellation of sale deed subsequently on ground..........

Showing : 91-100 of 130 Results