Civil Procedure Code, 1908, Order 38, Rule 8, Transfer of Property Act, 1882, Section 53 -- Attachment before judgment - Determination of whether sale deed is fraudulent is exclusively governed by S.53 of T.P Act and claim petition procedure O.38.R.8 CPC cannot substitute or override statutory safeguards and requirements of such substantive proceedings...........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - U/s 53(1) of the Act, transaction would be voidable only if it is proved to have been made with an intend to defeat or delay creditors...........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Period of limitation in usufructuary mortgage does not run from the date of creation of mortgage but from the date of payment of mortgage either out of usufructuary or partly out of usufructuary or partly on payment of deposit by mortgager -..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Mortgagor had failed to redeem property for more than 30 years - Plaintiff/mortgagees filed suit for declaration that they have become owner in possession of suit land by prescription of time - Once a mortgage always a mortgage and there would be no period for redemption for the same - Suit which was for..........
Transfer of Property Act, 1882, Section 68(c) -- Mortgage - When mortgagors are found to be in possession of land which was subject matter of mortgage even if they have obtained the possession illegally, only remedy available to plaintiffs was to sue for claiming back mortgage money as per S.68(c) of the Act...........
Transfer of Property Act, 1882, Section 126 -- Gift - Cannot be revoked at the mere will of donor - Gift is like a contract, which can be rescinded like a contract, save for want or failure of consideration...........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Once the conditions of gift have been complied with, donor is divested of ownership rights in gifted land and as such donor cannot claim back ownership and possession of gifted land...........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Donor gifted the land to enable donee to construct a cinema hall on gifted land after obtaining permission under bye-laws regulating construction of cinema halls - Since donee has duly complied with conditions of gift by constructing a cinema hall on gifted land and operating it for about 47 years, it..........
Transfer of Property Act, 1882, Section 54 -- Sale - In sale for an immovable property value of which exceeds Rs.100, three requirements of law are that transfer of property of sale must take place through a validly executed sale deed i.e., it must be in writing, properly attested and registered...........
Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell - S.54 of the Act in its definition of sale does not include an agreement of sale which neither confers any proprietary rights in favour of transferee nor by itself create any interest or charge in the property...........
