Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Lease deed for nine years on monthly basis - Unregistered and insufficiently stamped lease deed - Though lease deed is invalid due to want of registration and stamp duty, however, it did not wipe out the relationship between parties - Estate of superior lessors was undivided and was further sub-leased to..........
Agreement to sell -- Unregistered - Suit for specific performance on the basis of unregistered & unstamped agreement to sell is maintainable - Requirement of registration and stamping agreement is only when plaintiff is to take benefit of doctrine of part performance u/s 53-A of Transfer of Property Act. (Registration Act, 1908, Ss.17(1)(b), 49, Stamp Act, 1899, Ss.33, 34,..........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - A plea of part performance in the absence of a registered document, cannot be taken...........
Registration Act, 1908, Section 17 -- Registration - Transfer of property valued more than R.100/- - Registration of said document is mandated by S.17 of the Act - In absence of registration, title does not confer upon vendee...........
Stamp Act, 1899, Section 47A - - Deficient stamp duty - Registration of under-valued transfer document - If Registering officer while registering any instrument, found that value of suit property is lower than consideration/valuation in accordance with the circle rates, he shall refer the same to Collector after registration u/s 47-A of Act and Collector shall proceed to..........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Registration - There is no plea of part performance making out a case of protection of possession by plaintiff - There is only a prayer for delivery of possession and evidently, there is no resort to S.53-A of T.P. Act - If only a plea is made u/s 53-A of T.P. Act,..........
Transfer of Property Act, 1882, Section 55(6)(b), 100, Registration Act, 1908, Section 17 -- Agreement to sell - Charge over property for the amount of advance sale consideration - If buyer does not improperly decline to accept delivery of property, a charge is created over the property for the amount of advance sale consideration - Charge is created by operation of law..........
Evidence Act, 1872, Section 17, Registration Act, 1908, Section 17 -- Admission - Transfer of interest in immovable property cannot pass by admission...........
Registration Act, 1908, Section 17(2)(vi) -- Unregistered compromise decree - A decree cannot effectively transfer a right in property by mere admission without registration of decree or carrying out a transfer in accordance with law as Court decree cannot secure transfer which is opposed to provision of law...........
Registration Act, 1908, Section 17 -- Registration of a document - Law as to - (1) The Registering Authority may refuse to register a document if the language of the document is not understood by the authority. (S.19); (2) A document containing interlineations, blanks, erasures or alterations which are not signed or initialed may be refused to be registered by the..........
