Showing : 11-20 of 2104 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 122-- Gift deed - Validity - Execution of gift deed after execution of agreement to sell and after receiving legal notice - Agreement to sell duly proved and prior in point of time - Defendant was left with no power to deal with property that was subject matter of agreement - Gift deed is null and void...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 60-- Mortgage - Redemption - In the absence of any time limit in mortgage deed, there is no limitation to seek redemption...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 102-- Registered sale deed - Burden of proof - Registration of sale deed carries with it a presumption that it was validly executed - Burden of proof lies on the party challenging genuineness of transaction to show that it is not valid in law...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 58, 54-- Mortgage - Sale deed - Validity - Mortgage deed was executed by original owner in favour of defendants - Attesting witnesses of mortgage deed proved execution of mortgage deed in accordance with law - Since original owner was not in a position to repay the mortgage deed amount, sale was executed..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54-- Sale deed - Plea of undue influence - Merely because parties are related to each other or merely because executant was old or weak character, no presumption of undue influence can arise - Court must scrutinize the pleadings to find out that such plea is made out before examining whether undue..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54, 55(4)(b)-- Sale - Non payment of sale consideration - If in the sale deed it is mentioned that title has passed on execution of sale deed, then non payment of sale consideration would at the most be recoverable and would remain charge on the property sold/transferred...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54-- Sale deed - Fraud - Failure to prove - Sale cannot be set aside only on the basis of contradiction in the manner and time of payment of sale consideration...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 122-- Gift - Cancellation - A conditional gift with no recital of acceptance and no evidence in proof of acceptance, where possession remains with the donor as long as he is alive, does not become complete during lifetime of donor - When a gift is incomplete and title remains with donor the deed of gift..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 122-- Gift - Cancellation - Deed executed for consideration and was in any case conditional subject to the condition that donee would look after the petitioner and her husband and subject to the condition that gift would take effect after the death of donor - There was no complete gift of property in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 130, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(1)-- Transferee of actionable claim - Substitution - Secured assets - Appellant initially filed application for substitution as a secured creditor under SARFAESI Act consequent to assignment of debt to it - After claim of appellate being a secured creditor was rejected, appellate made a complete volte..........

Showing : 11-20 of 2104 Results