Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(8)(ii) -- Where borrower pays the amount demanded fro him, secured creditor is barred from proceeding with process of transfer of secured assets...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - S.53-A of the Act, protects only possession of a transferee who had obtained such on the strength of contract between him and transferor and where he has performed or is willing to perform his part of contract...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Right u/s 53-A of the Act, is a statutory right, which can be used to defend possession of transferee but does not create a title in him - When transferee admits that he is no longer in possession of property and that such possession is with plaintiffs, then it would be difficult to concede that he would..........
Transfer of Property Act, 1882, Section 10, 11 -- Sale deed - Restriction - Condition imposed in sale deed to the effect that mother will have life interest over suit property with remainder to her minor son after her life time - Recital contained in sale deed would indicate that there is no absolute restriction or prohibition imposed in sale deed - Sale deed not void as..........
Transfer of Property Act, 1882, Section 45 -- Joint owners - Property purchased jointly by mother and her minor son and entire sale consideration was paid by mother - However, recital contained in sale deed shows that mother retain the suit property till her life and after her demise property absolutely vested in minor son - This itself is a contract contrary to S.45 of..........
Transfer of Property Act, 1882, Section 54, 127, Indian Contract Act, 1872, Section 10, 11 -- Sale deed in favour of minor without his consent - Validity - Any transaction in favour of minor conferring certain benefits under a document does not require any consent from minor and such contract is valid and enforceable as per provisions of Contract Act...........
Civil Procedure Code, 1908, Section 39(1)(a), (4) -- Execution - Transfer of decree - JD and petitioner/garnishee both residing and having its office at Cochin i.e outside the jurisdiction of Court which passed the decree - Amount that is ordered to be sent for execution petition is also lying in the credit of petitioner at Cochin - Decree held, transferred to Court of..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - An ostensible sale with transfer of possession and ownership but containing a clause for re-conveyance in accordance with S.58(c) of the Act, would clothe the agreement as a mortgage by conditional sale...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with an option to repurchase - Agreement though styled as a sale deed for a consideration of Rs.700 but an ostensible sale containing a clause for re-conveyance - Language used in agreement conveys that plaintiff did not intend to relinquish right, title and claims to his lands -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for declaration of title and setting aside sale deed in question - Respondent no.3 is neither a transferee nor does she have right to challenge the transfer, as she claims as an agreement purchaser - Presence of respondent no.3 is not even necessary to convey or pass on any title to any of parties to..........
