Transfer of Property Act, 1882, Section 55(5)(b) -- Statutory charge - Charge comes into force the moment buyer pays purchase money or any part thereof and such charge would be lost only if the buyer commits default...........
Transfer of Property Act, 1882, Section 54, 58 -- Sale or mortgage - Loan amount - Sale deed in question was executed only as a security for loan - Plaintiff never intended to sell the property to defendants as per sale deed and agreement - Sale deed also not indicating it to be mortgage by conditional sale as per S.58(e) of T.P.Act - It is specifically mentioned in the..........
Transfer of Property Act, 1882, Section 54, 58 -- Sale or mortgage - Loan amount - Inadequacy of sale consideration stated in sale deed indicates that plaintiff not intended to sell the property to defendants - Sale deed in question held, rightly declared to be mortgage as a security for repayment of loan taken by plaintiff...........
Rent and Eviction -- Once tenancy is created either orally or in writing with respect to a land or building then it is always subject to relevant provisions of Transfer of Property Act or State Rent Acts - Ss.105 to 111 of Transfer of Property Act provide certain safeguards, create some statutory rights, obligations, duties whereas State Rent Acts, inter alia, specify..........
Land Acquisition Act, 1894, Section 4, 6, Delhi Lands (Restrictions on Transfer) Act, 1972, Section 4 -- Acquisition of land - Restriction on transfer - Transfer prior to declaration u/s 6 of Land Acquisition Act but after notification S.4(1) of Land Acquisition Act - Such transfer thus, not void in State, as the same is not made after declaration of acquisition of land in..........
Transfer of Property Act, 1882, Section 105 -- Lease - Renewal clause - Specific performance - Parties intended to renew the lease by execution of a fresh lease deed and not a mere extension of the lease under existing lease deed - No formula or machinery provided in the lease deed in order to decipher the rate of rent or the duration of lease to be incorporated in the..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Disobedience and violation of order of Court - Sale deed executed and entire consideration paid before order of restraint - However, sale deed executed after passing of restraint order - It is the date of registration of document which is crucial inasmuch as transfer is effected and title passes only upon..........
Transfer of Property Act, 1882, Section 54 -- Sale - Expression `only' in S.54 of the Act is significant - Transfer comes into effect and becomes valid and effective only by a registered instrument - Date of registration of document is crucial in as much as transfer is effected and title passes only upon registration...........
Transfer of Property Act, 1882, Section 54, 55 -- Sale deed - Price or part thereof not paid - Title would pass provided intention of parties was that title should pass on execution and registration - Parties must intend not only to transfer the ownership in property but also that price would be paid either in present or in future - However, intention of parties is to be..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17(1)(d) -- Lease - Unregistered - Lease of immovable property from year to year or for any term exceeding one year can be made only by registered instrument...........
