Transfer of Property Act, 1882, Section 41 -- Vendor must have a valid title for a valid transfer of title to the vendee - A vendor cannot transfer any title/right better than the title/right he has...........
Partition Act, 1893, Section 4, Transfer of Property Act, 1882, Section 44 -- The provisions are enacted for the domestic peace of members of undivided family occupying a common dwelling house from the encroachment of a stranger transferee - The provision of S.4 Partition Act is available at all the relevant stages of the litigation between the contesting co-owners till..........
Transfer of Property Act, 1882, Section 54, Easement Act, 1882, Section 52 -- Licence - If a person himself has acquired a right or interest in an immovable property through an instrument, the right conveyed in his favour in that instrument is not a licence...........
Transfer of Property Act, 1882, Section 54, Easement Act, 1882, Section 52 -- Licence - Word `Licence' is interchangeable with word `Permission' - Acquisition of right or interest in immovable property is not licence - Exclusive possession given - Instrument is not licence - May be lease or conditional sale...........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Agreement to sell - Specific performance - Agreement operating to create right of possession and its user of land in favour of other party - Also limiting and extinguishing right of defendants to continue in possession - Document is compulsory registrable - Non registration - Agreement not..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Execution of a registered gift deed, acceptance of the gift and delivery of the property, together make the gift complete...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Donor retained the possession -Gift was to become operative after death of donor as per recital in the gift deed - It was a conditional gift - Donor then cancelled it and executed Will in favour of the appellant - Held, appellant would get the right to the property...........
Limitation Act, 1963, Article 67, Transfer of Property Act, 1882, Section 116 -- Permissive possession after expiry of lease period - Does not give cause for prescribing title by adverse possession -. Defendant for the first time set up a hostile title in 1957 and the suit having been filed within five years therefrom is not barred by limitation...........
Transfer of Property Act, 1882, Section 58, 83, M.P.Accommodation Control Act, 1961, Section 12(1) -- Tenant - Becoming mortgagee under a mortgage deed - Redemption - No stipulation in mortgage deed that on redemption mortgagee would lose his status as tenant - On redemption status of tenant would survive - Putting an end to tenancy right by resorting to contract would be..........
Transfer of Property Act, 1882, Section 62 -- Tenancy created by mortgagee comes to an end with redemption of mortgage...........
