Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Non receipt of consideration amount cannot be a ground for cancellation of a sale deed...........
Transfer of Property Act, 1882, Section 26 -- Transfer deed - When a condition of restraint is imposed in a deed which is otherwise prohibited under law, said condition becomes void and therefore, transfer in favour of plaintiff becomes absolute and not conditional...........
Transfer of Property Act, 1882, Section 31 -- Transfer deed - Conditions - When a condition which is prohibited under law is incorporated in the deed, provisions of S.31 of Transfer of Property Act has no application...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Cancellation of gift deed can only be questioned by done/giftee...........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17, 49 -- Unregistered gift deed - Suit for declaration on the basis of unregistered gift deed is nullity in law u/s 123 of T.P. Act, as validity of said document is void ab initio and document is not admissible in evidence u/s 49 of Registration Act...........
Transfer of Property Act, 1882, Section 105 -- Lease - Document's nomenclature, text and context lead to only one conclusion that it was a lease for 99 years - Unilateral cancellation is illegal and it should be understood as having interfered with rights of plaintiff to remain in possession of suit property for 99 years - Suit for declaration of leasehold rights, recovery..........
Transfer of Property Act, 1882, Section 53A -- Part performance - For claiming benefit of S.53-A of the Act, agreement must be registered...........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - Alienation or sale of undivided share is not prohibited - Any one of co-owners can deal with his share and sell property as per S.44 of the Act for such sale - Only exception is purchaser cannot seek joint possession - Sale of property by some of co-owners cannot be held, as void ab initio - However, sale is..........
Transfer of Property Act, 1882, Section 39 -- Maintenance to wife - Charge over husband's property - Fraudulent transfer of property - Hindu wife has a right to claim maintenance out of her husband's property and consequently entitled to protection u/s 39 of the Act - Therefore, if wife is able to establish that purchaser had knowledge of her right at the time of purchase,..........
Transfer of Property Act, 1882, Section 39 -- Maintenance - Charge over husband's property - Fraudulent transfer of property - Purchase was effected prior to filing of maintenance proceedings - Wife cannot claim benefit of deemed knowledge on the part of purchaser regarding her right - It was therefore incumbent upon her to establish that purchaser had actual knowledge..........
