Showing : 101-110 of 506 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Limitation Act, 1963, Article 60-- Minor's property - Sale by guardian without legal necessity - Suit for possession by avoiding transfer by minor - A quondam minor plaintiff challenging transfer of an immovable property made by his guardian in contravention of S.8 of Hindu Minority and Guardianship Act and who seeks possession of..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 105, 111-- Lease - Termination of lease - Eviction suit - Plea of sub-lease - Respondents raised the plea of sub-lease first time before this Court - It is mentioned in the lease deed that on expiry of lease, lessee is liable to hand over land and building - It took nearly three decades for lessor to obtain..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 123, 52-- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 123, 52-- Gift deed - Execution during pendency of partition suit - Execution of gift deed of joint family property without giving physical possession to donee, is not valid as same is not acted upon by parties...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 109-- Rent & Eviction - Transfer of property by way of exchange deed dated 23.04.1975 - After exchange deed erstwhile owner executed rent deed dated 20.5.2006 in favour of tenant - Tenant on many occasions approached transferee to receive rent and also paid electricity charges to him - Held, non..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 109-- Transfer of lessor's right in favour of transferee - Transferee gets all rights and liabilities of lessor in respect of subsisting tenancy - Attornment by tenant is not necessary - Transferee of landlord's rights steps into the shoes of landlord with all rights and liabilities of transferor..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31-- Transfer of case - High Court has no jurisdiction to pass orders and give directions to Court Receiver for sale of property in public auction after establishment of DRT Act as proceedings are automatically transferred to DRT - Action of Court Receiver is void ab initio in law - Order of DRT and..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17-- Gift - Registration - S.123 of Act mandates that a Gift deed pertaining to immovable property must be effected by a registered instrument signed by or on behalf of donor and attested by at least two witnesses - S.17 of Registration Act also requires that instruments of gift of immovable property..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 34, Rule 5, Transfer of Property Act, 1882, Section 60-- Mortgage - Final decree in suit for sale - Right of redemption - Where suit property is mortgaged and sold out in Court auction to third party for realization of money dues and sale become final, mortgagor of property have no right of redemption as mortgagor can redeem property only before..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 60, 62, 72-- Mortgage - On redemption of mortgage, tenancy created by mortgagee also comes to an end - Mortgagee continuing in possession after redemption as tenant of mortgagor is regarded as a clog on redemption - Position is not different if mortgagee's tenants continue in possession after redemption...........

Showing : 101-110 of 506 Results