Transfer of Property Act, 1882, Section 52 -- Bonafide purchaser - Once seller records it title in revenue record and sale is for valuable consideration, then purchaser will be a bonafide purchaser and purchaser has to enquire about the title of seller from the revenue record...........
Agreement to sell -- Specific performance - Lis pendens - Breach on the part of defendant and not of plaintiff - Sale deed executed and registered during pendency of suit hit by principle of lis pendens - An agreement purchaser has no title to property and is at best a nominee of seller - It is inconceivable that a seller can defeat sale by merely entering into agreement..........
Agreement to sell -- Specific performance - Property under mortgage - Contract to sell immovable property with an imperfect title and property encumbered for an amount not exceeding the purchase price - Purchaser has a right to compel the seller to redeem the mortgage and obtain a valid discharge and then specifically perform the contract in its favour. (Specific Relief..........
Agreement to sell -- Specific performance - Property under mortgage - Contract to sell immovable property with an imperfect title and property encumbered for an amount not exceeding the purchase price - Purchaser has a right to compel the seller to redeem the mortgage and obtain a valid discharge and then specifically perform the contract in its favour. (Specific Relief..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 33 -- Petitioner purchased land from A who got allotment of evacuee property by fabricating documents of one B from Pakistan who never migrated to India - A acted as attorney of B while making sale - Allotment cancelled when true facts emerged during verification and enquiry - Petitioner sought shelter..........
Transfer of Property Act, 1882, Section 54 -- Sale - Consideration - Proof - Recital in sale deed that entire consideration already paid - It is of no use when original sale deed is produced by defendant - It is usual practice that after registration of sale deed 'Registration Receipt' is exchanged and the same is handed over to the purchaser with endorsement and signature..........
Transfer of Property Act, 1882, Section 53A -- Bona fide purchaser for value - Having no knowledge of defect in title of seller - Purchaser will be protected by provision of S.53-A TPA - Sale deed in his favour cannot be declared to be void...........
Agreement to sell -- Specific performance - Suit for - Purchaser in possession of property as tenant is liable to pay rent to owner - Title of property continues and vests with the seller even after execution of the agreement of sale and owner is entitled to receive profits of the property till title or ownership is lost. (Transfer of Property Act, 1882, S.55(3)...........
