Transfer of Property Act, 1882, Section 41 -- Purchase of property on basis of mutation entries without ascertaining or knowing who were the real owners - Purchaser cannot be said to have taken reasonable care or acted in good faith to claim protection of provision against dispossession by real owner of property...........
Transfer of Property Act, 1882, Section 106 -- Notice - Registered notice received back with postal endorsement 'unclaimed' - There is presumption of service - Rebuttal - Statement on oath regarding non receipt of notice is not sufficient to rebut service - Addressee should place some material to rebut service - There is no hard and fast rule as regards the material which..........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27 -- Notice sent as per registered post - Received back with postal endorsement 'unclaimed' - There is presumption of service of notice - Contention of addressee that he was away - Not tenable - It is for the tenant to make necessary arrangement to receive the notice addressed to him in his..........
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..........
