Transfer of Property Act, 1882, Section 52 -- Lis pendence - Suit for creation of charge of maintenance filed by wife - During pendency of said suit, property in question sold by husband in favour of third party - Provision of S.52 of the Act held, applicable to said transaction...........
Transfer of Property Act, 1882, Section 39 -- Maintenance - Charge on property - During pendency of suit, property in question sold by husband in favour of third party - Transferee was not put in possession of property and possession of husband continued - Sale of property by husband also not appear to be bonafide - Transfer of property made with intent to defeat claim of..........
Transfer of Property Act, 1882, Section 100, 52 -- Charge - Transfer of property during pendency of suit for maintenance - Plea that there will be no charge when property is transferred for consideration and without notice - Not applicable in the instant case as transferee not a bona fide purchaser and moreover sale was subject to provision of S.52 of the Act, and apart..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Starting point of limitation for instituting suit for cancellation of transfer deed would commence from date of knowledge of registration of document and not from date of execution of same...........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, 49 -- Cancellation of unregistered sale deed - Suit filed for cancellation of unregistered sale deed, whereby no title passed to defendants as per S.54 of T.P. Act, would not be maintainable, as prior to registration of document plaintiff is legally disentitled to challenge sale deed before..........
Transfer of Property Act, 1882, Section 54 -- Sale - Whatever interest a person is possessed of in any tangible property, he can transfer only that interest to the other person and no other interest, which he himself does not possess in the tangible property...........
Transfer of Property Act, 1882, Section 54 -- Sale - Seller on the date of sale not having any subsisting right, title or interest - Buyer of such property would not get any right, title and interest in the property purchased by him for consideration or otherwise - Such transfer would be an illegal and void transfer...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Scope - Provision of S.23 of the Act is applicable even if the conditions stipulated therein viz. that the transferee shall provide the basic amenities and basic physical needs to the transferor, is stipulated only orally and is not in writing or is not a part of the document of transfer...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, Transfer of Property Act, 1882, Section 126 -- Scope - Distinction between the two provisions - Provision of S.23 of Act of 2007 is in addition to and in any event different to an extent from the provision of S.126 TPA and not in derogation thereof - S.23 provides for additional safeguards to the..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Ought to be replied at the first available opportunity - Failure to do so amounts to waiver to challenge the invalidity or infirmity of the quit notice including the ownership issue raised therein...........
