Transfer of Property Act, 1882, Section 10 -- Condition restraining alienation - Partition deed - Applicability of S.10 - Though S.10 of TPA may not be directly applicable to a deed of partition, but absolute restrain on alienation in a deed of family settlement or partition will be invalid on general principles of law...........
Transfer of Property Act, 1882, Section 11 -- Restriction repugnant to interest created - Partition deed - Condition of inalienability - Imposition of condition cannot be treated as one for beneficial enjoyment of any property included in the partition deed, but only for personal need of surviving members of family - Second part of S.11 of the Act cannot save the clause in..........
Transfer of Property Act, 1882, Section 122, 123, Registration Act, 1908, Section 17 -- Gift deed - Gift of immoveable property must be affected by a registered instrument - Merely on execution of an unregistered document titled gift, a gift of immovable property cannot be said to be complete...........
Transfer of Property Act, 1882, Section 115 -- Benefit of S.115 of the Act - Claimed by Sub-tenants - Termination of lease by lessor - DH/lessor terminated lease of suit property because of breach of terms and conditions of lease by JD - It is not a case of surrender of lease by JD, as it is a case of forfeiture or termination of lease by DH - Moreover, clause in lease..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Termination of tenancy - Mere acceptance of rent at enhanced rate by lessor cannot continue tenancy with erstwhile relationship as landlord and tenant, on the face of such termination of tenancy - Termination of tenancy rightly held, to be in accordance with law - Defendant directed to vacate suit property...........
Compulsory attestable documents -- Wills u/s 63 of Indian Succession Act, 1956, gifts u/s 123 and mortgages u/s 59 of Transfer of Property Act, 1882 are compulsorily attestable documents...........
Civil Procedure Code, 1908, Order 21, Rule 58(4) -- Execution - Money recovery based on pronote - Fraudulent transfer - If decree-holder is able to show that transfer by execution of settlement by judgment-debtor before even filing of suit and subsequent to contacting of money decree amount under pronote a fraudulent transfer to adjudicate, there is no necessity of filing..........
Consent decree -- Registration - Civil Court decree is not an instrument of transfer - Civil Court decree is only acknowledgment of a family settlement which had been arrived at between members of the family - Such decree does not require registration. (Registration Act, 1908, S.17)...........
Will -- Transfer of ownership - There is no impediment to transfer of an undivided share as per the Will - However, this is subject to important restriction to which the private parties have no objection viz that fragmentation of property is not permissible...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - Donee in possession of suit land - Fact that possession had been delivered to donee, raises a presumption of acceptance - Gift deed is thus, acted upon...........
