Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
Specific Relief Act, 1963, Section 16, 19, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance - Defendant was allotted and put in possession of suit land by BDA - Defendant entered into agreement with the plaintiff promising to execute a sale deed in his favour within three months of getting the sale deed from the BDA - Non-execution of agreement..........
Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17(1A) -- Agreement to sell - Unregistered - In case vendor files suit for recovery of possession on the basis of ownership, then vendee may not be entitled to protect his possession u/s 53-A of TP Act when agreement to sell is unregistered and was executed subsequent to amendment S.17(1-A)..........
Constitution of India, 1950, Article 254, Transfer of Property Act, 1882, Section 58(c), Bengal Money-Lenders Act, 1940, Section 37A -- Inconsistency between State Act and Central Act - Order of Court declaring lending of money for land as conditional mortgage - Appellant challenging same on ground that Court failed to consider requirements of conditional mortgage u/s.58..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - House tax whether forms part of rent - There is no provision in the TP Act much less in the Delhi Rent Act that House Tax forms part of rent - There is also no admission in the rent agreement that defendant is liable to pay house tax by treating the same as part of rent - Whether house tax is or is not..........
Transfer of Property Act, 1882, Section 106, 111(g) -- Eviction - Applicability of TP Act, 1882 - Suit premises situated in an area where the Tamil Nadu Buildings (Lease and Rent Control) Act is not applicable - Held, only the Transfer of Property Act is applicable...........
Power of Attorney Act, 1882, Section 1A, 2, Transfer of Property Act, 1882, Section 53a, Contract Act, 1872, Section 202 - - Power of Attorney given for consideration - Held, unless there is a proper registered sale deed, title of an immovable property does not pass - No doubt, a person strictly may not have complete ownership rights unless there is a duly registered sale..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Transfer of Property Act, 1882, Section 107,111, Registration Act, 1908, Section 17,49 -- Rent Deed - Registration - If document is signed by both parties and is attested by witnesses, then said document cannot be termed as `rent note' but falls within the purview of Ss.107 & 111 of TP Act - It is a lease deed and..........
Transfer of Property Act, 1882, Section 123, Consent decree -- Oral gift - Validity of - Alleged oral gift pertained to June 1954 - Revenue entries clearly demonstrate that possession of plaintiff as owner being in cultivating possession continued to be recorded till the year 1976 - Held, alleged oral gift made in year 1954 without possession would remain ineffective..........
Transfer of Property Act, 1882, Section 6, Evidence Act, 1872, Section 115 -- Muslim Law - Relinquishment of personal share in property - Doctrine of spes successionis - Once heir expectant receives advantage for relinquishing his future right in property, he cannot claim benefit of doctrine u/s.6 of TP Act - He would be estopped from claiming share in inheritance...........
