Transfer of Property Act, 1882, Section 54 -- Sale with a condition to repurchase - Transfer or assignment of such right - Condition of right to repurchase in sale deed not personal to the vendor unless terms in the document specifically state so - No implied prohibition of transfer or assignment can be inferred in a document - Benefit of contract is assignable in cases..........
Transfer of Property Act, 1882, Section 54 -- Sale with a condition to repurchase - Transfer or assignment of such right - No term in conditional sale deed which debars its assignment to any other person - Clause in the document mentions only right of repurchase - Vendor assigned his right to repurchase in favour of his daughter-in-law by gift deed - Such right can always..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Not a transaction of sale or a document transferring the proprietary rights in an immovable property but prospective purchaser having performed his part of the contract and lawfully in possession acquires possessory title which is liable to be protected u/s 53-A of the Transfer of..........
Revenue proceedings -- Delay in disposal of proceedings pending before Revenue Courts - Directions issued to both Chief Secretaries for States of Punjab and Haryana, as well as Administrator, U.T., Chandigarh, to the following effect to issue necessary guidelines to all Revenue Courts, defined under all the local Acts : (i) service of notices, summons and exchange of..........
Transfer of Property Act, 1882, Section 109 -- Eviction suit - Transfer of property by original landlord to transferee during pendency of suit - Specific averment made in sale deed that eviction suit is pending before SCC Court and authority is given to transferee to contest the suit - There is no dispute that it also includes right to recover rent - Transferee therefore,..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - S.52 of the Act dealing with doctrine of lis pendens is not applicable as proceedings were collusive in nature...........
Transfer of Property Act, 1882, Section 3, 8, Registration Act, 1908, Section 2(6), General Clauses Act, 1897, Section 3(26) -- Immovable property - Sale of rights over scheduled property - It includes all the rights, easements, interests, etc. i.e. the rights which ordinarily passed on such sale over the land - When rights over the scheduled property is sold then vendor..........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Registered lease deed - Not open to be altered or amended even by High Court in exercise of its jurisdiction under Article 226 of the Constitution...........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Tender floated for lease of 27887.50 sq. meters - However, transaction concluded on execution of lease deed without demur for 18262.89 sq. meters and instrument registered - It is not open to either party to question at least in the writ jurisdiction of High Court under Article..........
Transfer of Property Act, 1882, Section 100 -- Charge - Charge on an immovable property can be created by acts of parties or by operation of law as provided in S.100 of the Act...........
