Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Party who intends to avail benefit of S.53-A of the Act, must plead that he has taken possession of property in part performance of contract - No relief can be granted to a party without such pleadings...........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage and possession of suit premises - Once mortgagee-tenant has failed to prove that he was in possession of suit premises since prior to execution of mortgage, then on redemption of mortgage, mortgagor-landlord becomes entitled to get possession of suit premises...........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage and possession - Plea of prior tenancy by mortgagee - Mortgage deed silent as to prior possession of defendant as tenant - Recitals in mortgage deed shows that on date of mortgage, possession of suit premises was delivered to defendant - More so, if defendant was in possession of suit premises prior to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Welfare of senior citizens - Pre-requisites of S.23(1) are : (a) Senior citizen has transferred his property by way of a gift deed or otherwise, after commencement of this Act; (b) transfer was subject to condition that transferee shall provide basic amenities and basic physical needs to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7, 23(1) -- Jurisdiction of tribunal - Suit for recovery of possession - Essentials of S.23(1) not fulfilled - Admittedly, petitioner and respondent-senior citizen are strangers - Transfer of disputed premises to petitioner was not subject to any condition as mentioned in S.23(1) of the Act - Thus,..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Where a transfer is made for a consideration below market value of property, it would amount to mortgage, even though it is described as sale...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with condition to re-purchase - Mortgage by conditional sale evidences a debt, repayment of which is charged on property conveyed - Whereas, in sale with condition to re-purchase, relationship of debtor and creditor does not subsist - In form, mortgage by conditional sale is an ostensible..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with condition to re-purchase - Existence of debt and long period indicates that transaction as mortgage by conditional sale - Price paid was below market price - Re-conveyance was also agreed on same amount of consideration - Intention of parties was to enter into a transaction of..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non party of sale deed is not bound by contents of said instrument...........
Transfer of Property Act, 1882, Section 107 -- Lease - A lease in writing can only be read, whether it is for more than one year or less than one year only when it is registered as required u/s 107 of Transfer of Property Act, except for collateral purposes...........
