Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Does not create any right in the property...........
Registration Act, 1908, Section 47, Transfer of Property Act, 1882, Section 48 -- Sale deed - Presented for registration and kept pending and registered thereafter - Held, it will operate from date of execution of sale deed and not from date of registration...........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser without knowledge of subsequent agreement for sale - `A' filed suit for specific performance - It was alleged that on date of registration of sale deed in favour of `B' he filed an application before Sub Registrar for not registering sale but Sub Registrar returned that application to him after making his..........
Transfer of Property Act, 1882, Section 113 -- Notice to quit - Waiver - Mere acceptance of rent after period of termination of tenancy - Does not amount to waiver - There must be some intention of waiver - Held, when landlord is actively prosecuting suit for ejectment it cannot be inferred that notice has been waived...........
Easement Act, 1882, Section 53, Transfer of Property Act, 1882, Section 105 -- Lease & Licence - Distinction - In the case of a licence, there is something less than a right to enjoy the property in the licensee, it cannot be exercised by servants and agents, is terminable and a transferee of the property is not as such bound by the licence - In the case of a lease there..........
Easement Act, 1882, Section 53, Transfer of Property Act, 1882, Section 105 -- Lease or Licence - Dominant intention of the parties is to be gathered from the terms of the document irrespective of the labels that the parties may put upon it...........
Easement Act, 1882, Section 53, Transfer of Property Act, 1882, Section 105 -- Lease or licence - Exclusive possession by itself would not militate against the concept of a licence, if the circumstances negative any intention to create a tenancy...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 118 -- Exchange of immovable property of more than Rs.100/- requires registration...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 118, Evidence Act, 1872, Section 91 -- Exchange - Oral exchange of immovable property of more than Rs.100/- is not permissible in view of amendment of S.49 Registration Act - Document which is required to be registered necessarily under the Transfer of Property Act but not under the..........
Transfer of Property Act, 1882, Section 44, Partition Act, 1893, Section 4 -- 'Dwelling house' - Determination - In the instant case bar of S.44 not attracted as suit land is neither part of plaintiff's house nor appurtenants used by plaintiff - Thus, plaintiff's suit deserves to be dismissed - Legal aspects - Clarified...........
