Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - If sale and agreement to re-purchase embodied in separate documents, then transactions cannot be a mortgage by conditional sale irrespective of whether documents are contemporaneously executed...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - Sale and agreement to re-purchase embodied in separate documents - Defendant agreed to re-convey the property subject to repayment being made as provided in agreement of sale - Since amount was not paid by plaintiff, defendant acquired absolute right..........
Transfer of Property Act, 1882, Section 54 -- Sale - Non-payment of entire sale consideration - Does not ipso facto invalidate the very sale...........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Presumption - There is presumption about validity of registered sale deed - A party questioning its legality is required to tender requisite evidence to dislodge this sort of presumption...........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Challenged on the ground that their father/vendor was not alive when sale deed was executed - Plaintiff failed to prove date of death of their father - Concurrent findings of Courts below in dismissing suit of plaintiff is proper...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Co parcenary property - Non payment of consideration - Only the executant of sale deed i.e. Karta of HUF property can file suit on this ground and not the other co-parcenars...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea that suit property was conveyed as dowry and that it is without consideration - Plaintiff produced original sale deed from his possession, partition deed and mortgage deed and its discharge slip which was executed by defendant in favour of son of plaintiff - Intention of parties to convey title of property is..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Presumed to be in knowledge of everyone...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea of bona fide purchasers - Suit for joint possession and that sale deed in question is null and void - Suit property sold by defendants nos. 1 & 2 in favour of defendants nos. 4 & 5 who in turn sold the property to subsequent purchasers who are claiming themselves to be bona fide purchasers - Plaintiff filed..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Attesting witnesses - Execution of sale deed does not need any attesting witness like gift deed which requires at least two attesting witnesses at the time of its execution as per S.123 TPA...........
