Transfer of Property Act,1882 -- Applicability in State of Punjab - Transfer of Property Act is not applicable in State of Punjab except for provisions relating to sale and consequently written instrument of mortgage is not essential but principles under Transfer of Property Act have always been applied on basis of justice, equity and good conscience...........
Rent and Eviction -- Eviction of tenant under Rent Act - Held, there is a difference in exercise of jurisdiction when civil Court deals with a lis relating to eviction brought before it under the provisions of Transfer of Property Act and under any special enactment pertaining to eviction on specified grounds - Court can decide issue of title if a tenant disputes same and..........
Court Fees Act, 1870, Section 7(v), Constitution of India, 1950, Article 227 -- Ad valorem court fee - Suit for joint possession of suit land alleging it to be coparcenary property of parties - Plaintiffs also challenged two transfer deeds executed by defendant No.1 in favour of defendants Nos.2 and 3 regarding suit land - Plaintiffs are not party to transfer deeds which..........
Transfer of Property Act, 1882, Section 105 -- Lease - Money, share, service or any other thing of value for purpose of lease is called `rent'...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - Transferee pendente lite has no right to resist or obstruct execution of decree - Resistance at the instance of such person/transferee or obstruction by a person on the basis of such right is not..........
Family settlement - - Oral partition - There is no prohibition under law for members of a family to partition the property orally - Partition does not result in transfer within the definition of `transfer' under Transfer of Property Act and it is specifically excluded - Therefore, oral adjustment of rights through partition does not require to be written at all...........
Transfer of Property Act, 1882, Section 5 -- Acknowledgement of a right by grand mother to grand children cannot operate to create any transfer of interest - It is settled law that title to immovable property cannot be transferred by mere admission...........
Transfer of Property Act, 1882, Section 58, 59 -- Mortgage by deposit of title deeds - Memorandum prepared after deposit of title deeds without incorporating terms and conditions with regard to the deposit of title deeds is merely evidential and does not require registration - However, memorandum reducing other terms and conditions with regard to the deposit requires..........
Transfer of Property Act, 1882, Section 58, 59 -- Mortgage by deposit of title deeds - No instrument is required to be drawn for this purpose...........
Transfer of Property Act, 1882, Section 58, 59 -- Mortgage by deposit of title deeds - Charge of mortgage can be entered into revenue record in respect of mortgage by deposit of title deeds and for that, instrument of mortgage is not necessary...........
