Transfer of Property Act, 1882, Section 45 -- Joint owners - Property purchased jointly by mother and her minor son and entire sale consideration was paid by mother - However, recital contained in sale deed shows that mother retain the suit property till her life and after her demise property absolutely vested in minor son - This itself is a contract contrary to S.45 of..........
Specific Relief Act, 1963, Section 38, Registration Act, 1908, Section 49(c), 50 -- Suit for declaration of title - On basis of unregistered partition deed - In the absence of any prayer to set aside registered partition deed, suit is not maintainable...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with an option to repurchase - Agreement though styled as a sale deed for a consideration of Rs.700 but an ostensible sale containing a clause for re-conveyance - Language used in agreement conveys that plaintiff did not intend to relinquish right, title and claims to his lands -..........
Evidence Act, 1872, Section 102 -- Burden of proof - Joint property - Plea of partition - Suit for permanent injunction - Defendant purchased property from son of plaintiff/co-sharer, who had no exclusive right, title and interest over property - Plea of partition taken by defendant that property is already partitioned between plaintiff and his sons including his vendor -..........
Adverse possession -- Mere long and continuous possession without any interruption does not entitle a person to a decree for declaration of his right, title and interest over the property as to have been acquired by adverse possession so as to say that the right, title and interest of true owner stood extinguished thereby after completion of required period - In the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for declaration of title and setting aside sale deed in question - Respondent no.3 is neither a transferee nor does she have right to challenge the transfer, as she claims as an agreement purchaser - Presence of respondent no.3 is not even necessary to convey or pass on any title to any of parties to..........
Haryana Utilisation of Surplus and Other Areas Scheme, 1976 -- Clause 12 - Sale of allotted land - Resumption of land on account of no, payment of due instalments - Land allotted to allottee `B' by successors-i, interest - `B' will become owner of property only after paying entire instalments and after issuance of sale certificate by State and not merely on basis of..........
Mutation -- Entry of mutation in revenue record confers no title and is used only for fiscal purpose...........
Transfer of Property Act, 1882, Section 43 -- Person who has no title over the property cannot confer title upon third party...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Earlier decree passed by Court of competent jurisdiction in favour of petitioners - In spite of said decree defendants forcibly dispossessed plaintiffs, which became compulsive necessity of plaintiffs to file suit for possession on basis of title - Petitioners were not..........
