Transfer of Property Act, 1882, Section 53A -- Part performance - For taking benefit of the provision of S.53-A of the Act, any document executed pursuant to Registration and other related Laws (Amendment) Act, 2001, the same to be registered...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - If a sale deed in respect of immovable property is executed without payment of price and it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law - Such a sale will be void and it will not effect the transfer of immovable property...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - Sale deed executed by power of attorney holder, in favour of wife and minor sons - Wife and minor sons having no earning capacity - No evidence adduced about payment of price mentioned in the sale deeds as well as the earning capacity at the relevant time of his wife and minor sons..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - - Sale of 2 properties took place between parties - Cheque which is subject matter of the case was issued in respect of only one of the properties and transfer of money which had taken place was in respect of another property - Even, belated plea which has been taken is insufficient to overcome the..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Suit for Specific performance - Mortgage of property during pendency of suit - Appellants derived their right from alleged mortgage which was entered into during pendency of suit - Both the Courts thus, rightly found that alleged mortgage in favour of predecessor in interest of appellants is governed by..........
Transfer of Property Act, 1882, Section 58 -- Mortgage - There is no limitation period in case of usufructuary mortgage - `Once a mortgage always a mortgage'...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or outright sale - Document in question purports to be an absolute sale, as it does not contain any stipulation for treating the sale as mortgage - Transaction in question in absence of embodiment as contained in S.58(c) Proviso of the Act, cannot be regarded as security for loan and it is an..........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Consideration - An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such agreement is not void...........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Nominal sale consideration - If elder brother had come to the help of younger brother, discharging his debtors and executing a sale deed mentioning a nominal sale consideration, it cannot to be said to be a sale without consideration...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Ignorance of nature of document on which signatures were obtained - Elder brother came to the help of younger brother, discharging his debtors and executing a sale deed - Such ignorance is not an instance of misrepresentation or a fraud in the facts of the case which would vitiate a sale deed executed and registered..........