Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Explanation (As inserted by U.P.Act, 1981 - Conveyance - Deed of Dissolution of partnership - Consequential deed of release - Deed of release is only a sort of acknowledgement of title of partners to immovable properties conferred on them by deed of dissolution - It cannot be treated as conveyance..........
Registration Act, 1908, Section 17, 49 -- Proviso - Un-registered release deed - Property mentioned in release deed was valued at Rs.1500 which required valid registration - Since it was not registered, document was held inadmissible - More so, no survey number was mentioned in the document and description of property did not tally with suit property - Release deed thus,..........
Stamp Act, 1899, Article 46, 49 -- Release deed - Entered into among family members - Release of rights would only result in enlargement of intent held by co-owners or joint owners and admittedly no third party has joined said document - Release deed cannot be considered as `conveyance of sale' - Impugned notice demanding deficit stamp duty set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Sub-Registrar from accepting documents pertaining to suit properties for registration till disposal of suit - Suit for declaration that Wills, release deed and Partition deeds are null and void - There are number of unanswered questions and suspicious maneuvering, the odds are clearly..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - For applicability of S.23 of the Act applicant should be senior citizen on the date of filing application and not that he should be a senior citizen on the day on which gift or release deed is executed...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Recital in gift deed and release deed wherein donor specifically acknowledged that donee accepted the gift and possession of property was delivered to donee, are sufficient to establish acceptance of a gift...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Release deed and sale deed executed during pendency of suit for permanent injunction and during operation of temporary injunction order - Subsequent purchasers will be bound by lis pendens and cannot claim they are bonafide purchasers for valuable consideration ...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration with consequential relief of permanent injunction - Plaintiff challenged the release deed among blood relations - It is specific assertion made in the plaint about release deed that it is illegally and fraudulently got executed and registered without consideration - Possession not claimed by..........
Evidence Act, 1872, Section 115 -- Estoppel - Release deed - Father of defendants `C' released his share in respect of self acquired property of his father - Relinquishment was based on having received valuable consideration by `C' - Conduct of executing release deed though by itself may not have resulted in a lawful transfer as `C' survived his father, but his conduct..........
Release deed or conveyance deed -- Surrender of right in favour of a co-owner in a joint property would be a release whereas a surrender of right in favour of a third party, having no right in the property which is surrendered then such surrender will be a conveyance - Enlargement of an existing right in an unpartitioned property of a family member at the end of a..........
