Transfer of Property Act, 1882, Section 106 -- Notice - Service by affixation at suit premises - Notice can be served by affixation at suit premises when the tender or delivery of notice either by post or by tendering or delivering the same personally to the addressee is found to be impracticable...........
Transfer of Property Act, 1882, Section 116 -- Applicability of the provision - (i) There must be a determination of lease (2) After the determination of lease, the lessee must be in possession; (3) Owner should receive the rent - Only in compliance of all the three conditions the lessee should be deemed to be holding over...........
Transfer of Property Act, 1882, Section 58(b), 58(f), Evidence Act, 1872, Section 68 -- Proviso - Mortgage by deposit of certified copy of title deeds - Not accepted by bank - Memorandum of deposit of title deed executed and registered - Proof of such document - Said document specifically denied by executant - One attesting witness at least required to be examined to prove..........
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...........
Transfer of Property Act, 1882, Section 58(d), 60, Civil Procedure Code, 1908, Order 34, Rule 7, 8 -- Usufructuary mortgage - Redemption - Although by reason of preliminary decree Court may fix time for payment of the amount declared due but default in depositing such payment does not debar him from a right to redeem the mortgaged property...........
Transfer of Property Act, 1882, Section 39, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance - Charge over property - Husband entered into agreement for sale of house when dispute between him and wife started - Purchaser paid advance under agreement without enquiring about his wife and children - Purchaser made a party to suit filed by wife - Wife in..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Lease deed not admissible in evidence for want of stamp duty and registration - No other express contract stipulating conditions for termination of tenancy - Building taken on rent to run a school - Lease deemed to be lease from month to month - Quit notice issued on 20.6.1983 received by tenant on 22.6.1983..........
Transfer of Property Act, 1882, Section 54 -- Sale - By illiterate lady - Consideration - Third party raising objection as to non passing of consideration whereas executant of sale deed never denied receipt of sale consideration - Objection not entertained and sale deed held to be not without consideration...........
Transfer of Property Act, 1882, Section 54 -- Sale deed of entire property of vendor - Four anna share of vendor never questioned by anybody - Held, purchaser entitled to four anna share of vendor...........
Transfer of Property Act, 1882, Section 126 -- Gift - Of immovable property by donor in lieu of services and maintenance to be provided to her by donee - Possession of land delivered to donee - Gift was complete - No condition of revocation of gift in case donee stopped providing services - Gift cannot be termed as conditional and revocable one...........
