Evidence Act, 1872, Section 59, 61, 62, 3, Transfer of Property Act, 1882, Section 54 -- Sale deed - Recital of payment of price - Payment disputed - Held, when price for the sale is disputed and is in issue, mere admission of execution of a sale deed which contains a narration of a past or future event of payment of price for the sale will not prove that there was payment..........
Evidence Act, 1872, Section 91, 92, 3, Transfer of Property Act, 1882, Section 54 -- Sale deed - Payment of price - There is no bar for adducing oral evidence either u/ss 91 & 92 to prove payment of price for the sale or existence of sale u/s 54 of Transfer of Property Act...........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 91 -- Sale deed - Payment of price for sale - Not `terms' of sale, but it may be a legal requirement to constitute sale itself...........
Civil Procedure Code, 1908, Order 22, Rule 10(1), Civil Procedure Code, 1908, Section , Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - May not be a necessary party to be impleaded U.O.1.R.10 CPC - However, he is entitled to step in the shoes of the litigant whose interest is devolved upon him - S.52 TPA is not an embargo for..........
Limitation Act, 1963, Article 61(a), Transfer of Property Act, 1882, Section 60 -- Redemption of usufructuary mortgage - Limitation - Time limit not fixed for repayment of mortgage amount - Limitation for redemption of mortgage is 30 years as prescribed under Article 60 of the Limitation Act...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Benefit of the provision of S.53-A TPA is available on fulfilling the following conditions: (i) The contract should have been in writing signed by or on behalf of the transferor; (ii) The transferee should have got possession of the immovable property covered by the contract; (iii) The transferee should have..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell executed on 27.11.1982 whereby possession alleged to be delivered - On 14.7.1985 irrevocable power of attorney executed and recitals therein show that the property at that particular time was in possession of transferor - Held, defendant did not get possession of the property after..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Commences from the date of presentation of the plaint - Mere fact that there was no stay for alienation of the property does not protect the rights of bona fide purchaser...........
Stamp Act, 1899, Section 156, 165, Article 35, 63 - - Levying of stamp duty - Lease of land - Petitioner has paid the stamp duty as provided under Article 35 of Schedule I-B of the Stamp Act - There is specific provision under Article 63 of the Stamps Act that lessee can also transfer lease rights to any other person if there is a condition in the lease deed for transfer..........
Limitation Act, 1963, Section 30, Article 61(a), Limitation Act, 1963, Article 148, 134, Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage - Limitation - Held, Article 134 of the Schedule to the Limitation Act, 1908 which is in pari materia with Article 61(a) of Schedule to the Limitation Act, 1963 would apply only if a mortgagee has in making..........
