Showing : 41-50 of 2357 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 123, 3-- Gift deed - Attestation - Where the Sub-Registrar not examined, mere fact that there is endorsement on gift deed by Sub-Registrar will not amount to attestation as contemplated under the Act...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 123, 3-- Gift deed - Attestation - Gift deed attested by only one attesting witness - Attesting witness admitted that he did not know donor and further admitted that he was not in a position to state as to whether donor was same person, who had in fact executed gift deed, as he was only asked to sign the..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 106-- Eviction notice - Shop in question is constructed after 1985, therefore it is exempted from operation of U.P Act of 1972 - Factum of service of notice terminating tenancy in terms of S.106 of the Act not disputed - Tenant defaulted in payment of rent - Tenant rightly evicted...........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 52-- Transfer pendente lite - Effect of S.52 of the Act is not to render transfer effect during pendency of suit by a party to suit void - But only to render such transfers subservient to rights of parties to such suit and pendente lite purchaser would be entitled to or suffer same legal rights and..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 52-- Transfer pendente lite - Suit property allotted to the share of plaintiffs in partition of 1982 - Even compromise was entered into between plaintiff and defendant no.1 holding said share of plaintiff - By virtue of said compromise defendant no.1 is aware that suit property was allotted to share of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale and sale with condition to repurchase - In mortgage by conditional sale, transfer is made as a security to a loan taken by mortgagor/owner - Whereas, in a sale with a condition to repurchase, sale is made by vendor reserving with himself a right to repurchase it within..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to repurchase - Intention of parties - Mere incorporation of word `borrowed' and `mortgage by conditional sale' cannot by itself establish that there is a debtor-creditor relationship...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to repurchase - Mere fact that sale and agreement to repurchase are embodied in same document, having regard to intention of parties and surrounding circumstances making the transaction a conditional sale with option to re-purchase, document does..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to repurchase - Recitals of document shows that if amount not repaid within stipulated time of 5 years, transferee will have absolute right and mortgage will be treated as an absolute sale and transferee to pay land revenue and other charges -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(f)-- Equitable mortgage - Can be created by deposit of either original title deed or certified copies or Photostat copies of title deeds - It is only the intention of parties which is prime factor to be considered...........

Showing : 41-50 of 2357 Results