Indian Contract Act, 1872, Section 11, Transfer of Property Act, 1882, Section 58(b), 58(d) -- Mortgage in favour of minor - Validity - Mortgage deed executed by uncle of appellant in favour of deceased mother of appellant as collateral security towards dowry amount - At time of execution and registration of document, age of mortgagee, deceased mother of appellant was 15..........
Transfer of Property Act, 1882, Section 58(b), 58(d) -- Simple mortgage - No express recital in mortgage deed to deliver possession of property - Mortgagee not authorized to receive rent and profits from property - Held, mortgage is simple mortgage and not usufructuary mortgage...........
Transfer of Property Act, 1882, Section 59, 100 -- Mortgage - Creation of charge - Held, mere undertaking that party will not dispose of properties mentioned in an undertaking, during currency of loan, will not create any charge over those properties, unless charge is created by deposit of title deeds or through a registered document...........
Transfer of Property Act, 1882, Section 59 -- Mortgage - When there is a mortgage other than a mortgage by deposit of title deeds, it can be effected only by a registered instrument...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - A transferee pendente lite is bound by decree just as much as he was a party to suit - However, mere pendency of suit does not prevent one of the parties from dealing with property constituting subject matter of suit - Law simply postulates a condition that alienation will, in no manner, affect rights of other..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Property of minor - Selling without permission of Court - Property sold for benefit of minors, their protection, education and marriage - Nothing on record to suggest that previous permission of Court was obtained by natural guardian before transfer - Held, sale deeds are voidable at instance of minor...........
Rent and Eviction -- Eviction of tenant under Rent Act - Held, there is a difference in exercise of jurisdiction when civil Court deals with a lis relating to eviction brought before it under the provisions of Transfer of Property Act and under any special enactment pertaining to eviction on specified grounds - Court can decide issue of title if a tenant disputes same and..........
Transfer of Property Act, 1882, Section 58, 59 -- Mortgage by deposit of title deeds - Memorandum prepared after deposit of title deeds without incorporating terms and conditions with regard to the deposit of title deeds is merely evidential and does not require registration - However, memorandum reducing other terms and conditions with regard to the deposit requires..........
Transfer of Property Act, 1882, Section 58, 59 -- Mortgage by deposit of title deeds - No instrument is required to be drawn for this purpose...........
Transfer of Property Act, 1882, Section 58, 59 -- Mortgage by deposit of title deeds - Charge of mortgage can be entered into revenue record in respect of mortgage by deposit of title deeds and for that, instrument of mortgage is not necessary...........