Sale deed -- Sale deed registered as per orders of Court as after execution of sale deed owner refused to get the sale deed registered and Court in a suit filed u/s 77 Registration Act ordered registration of sale deed - Held, since unregistered sale deed was registered by virtue of orders of Court as such it confers valid title on purchaser. (Registration Act, 1908,..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 97, 99 -- Mortgage by deposit of title deeds - Decree for sale - Objection to decree for sale by third party claiming title to suit property under registered sale deed - There is no provision in Code for objection by third party to object to sale - However, Court has inherent powers to adjudicate upon such claim..........
Transfer of Property Act, 1882, Section 53A -- Defence of part performance - Must satisfy four conditions - (1) that transferor had contracted to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer could be ascertained with reasonable certainty, (2) that transferee had in part..........
Sale deed -- Length and width of property - Disputed by third party - Registered sale deed is binding on vendor and vendee but does not affect rights of third party disputing description of property in registered sale deed - Mere transaction of sale deed between two parties is not sufficient to prove title over disputed area claimed by third party...........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17 -- Oral gift - Daughter claiming to be in occupation of her father's property by way of oral gift - Claim not maintainable in absence of registered gift deed - Mere possession is not sufficient, where deceased had gifted suit property under registered gift deed to his wife, who in turn, had..........
Transfer of Property Act, 1882, Section 54 -- Sale - Title of vendor passes to vendee only on registration of sale deed irrespective of the fact that the sale deed was actually executed on an anterior day. (Registration Act, 1908, S.47)...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non payment of sale consideration - Title in property sold passes to vendee even if consideration mentioned in sale deed is not paid to vendor - Remedy of the vendor is to sue for recovery of unpaid sale consideration by claiming a charge on the property sold...........
Agreement to sell -- Suit for specific performance - Agreement executed by defendant to sell property owned by her and her son-in-law - Both plaintiff and defendant aware that defendant had title only to half share in the property - S.12 Specific Relief Act is not applicable to such a case - It applies only to cases where the parties to the agreement subsequently found..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Execution - Objections - Property purchased after passing of the decree - Person who transferred the property to the objector had prima facie no title to the property on the date of execution of the sale deed - Objections that objector was not party to the suit..........
Agreement to sell -- Does not require registration even when sale consideration is paid and possession is delivered and vendee given right to get sale deed executed as per his convenience - Title passes only on registration of sale deed. (Registration Act, 1908, S.17)...........
