State Financial Corporations Act, 1951, Section 29, Transfer of Property Act, 1882, Section 54, 55 -- Auction purchaser of a unit - S.29 of Financial Corporation Act is not applicable - S.29 pertains to action which the Corporation can take against the Unit which had defaulted in payment of loan - In such circumstances Corporation has the power to sell the property that..........
Evidence Act, 1872, Section 62, 68, Transfer of Property Act, 1882, Section 54 -- Primary evidence - Notarised copy of sale deed produced - Original brought in Court - Plaintiff not cross examined as to non production of original sale deed - Contention that attested copy by Notary Public does not prove title repelled...........
Transfer of Property Act, 1882, Section 54, 55 -- Sale deed - Sham transaction - Sale deed duly registered but neither possession delivered nor sale deed given to vendee - Vendees not present at the time of registration of sale deed - Held, sale was a sham transaction - Mere registration of sale deed cannot operate to pass title to the vendee or to pass any interest to..........
Transfer of Property Act, 1882, Section 54, 23 -- Market value - Sale consideration - Question as to whether it is on the date when agreement was executed or on the date when deed is executed - There is no straight jacket formula - Depends upon various factors - Where delay is caused intentionally to execute deed after execution of agreement, market value is to be..........
Stamp Act, 1899, Article 23, 63, Transfer of Property Act, 1882, Section 54, 105 -- Lease - Assignment of lease hold rights - It is merely an enjoyment of land and not transfer of ownership - Document is a transfer of assignment of lease and not an outright sale of land - Stamp duty not to be calculated on the market value but on the amount of consideration mentioned in..........
Evidence Act, 1872, Section 101, 102, 103, Transfer of Property Act, 1882, Section 54 -- Sale deed - Illiterate, pardanashin woman - Sale deed when executed by an illiterate, pardanashin woman then burden is on vendee to prove that the deed of sale was a genuine document...........
Transfer of Property Act, 1882, Section 54 -- Sale deed registered - Carries a presumption that the transaction was a genuine one...........
Transfer of Property Act, 1882, Section 54 -- Sale deed or a money lending transaction - Sale deed must be construed in its entirety - On reading the sale deed in its entirety, no doubt whatsoever that it was a deed of sale - Held, the deed was a sale deed and not a money lending transaction...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - As soon as sale deed is registered title passes to the vendee - The vendor in terms of the stipulations made in the deed of sale is bound to deliver possession of the property sold - If he does not do so, he makes himself liable for damages - Registered sale deed carries a presumption that transaction was genuine..........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 101, 103 -- Sale deed - Registered - Onus is on the party who contends that sale deed was, in fact, not executed or otherwise does not reflect the true nature of transaction...........
