Transfer of Property Act, 1882, Section 54 -- Sale deed - Non sanctioning of mutation - Mutation does not confer any title - Title is conferred by sale deed - If sale deed is proved then non sanctioning of mutation becomes irrelevant...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non-mentioning of khasra Nos. in the sale deed - If there is omission of khasra Nos. in sale deed, Court can always record finding of fact as to whether sale was out of disputed khasra Nos., if the boundaries of said land in dispute are mentioned in the sale deed...........
Transfer of Property Act, 1882, Section 54, 58(c) -- Mortgage by conditional sale or sale with condition of repurchase - Distinction - In the former case, there is a relationship of debtors and creditors and the transfer is by way of security for repayment of debt, whereas in the later case, there is condition of reconveyance in the event the amount equivalent to the..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Mortgage by conditional sale or sale with condition of repurchase - Condition of repurchase contained in a separate deed - Original sale deed can never be regarded as mortgage - Deed of transfer is out and out sale and condition contained in a separate document would only be regarded as separate agreement for..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Mortgage by conditional sale or sale with condition of repurchase - Separate agreement for reconveyance - Conditions for reconveyance including condition of time is required to be strictly complied - In case of agreement to reconvey time is ordinarily regarded as an essence of contract - Original vendor is required to..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Cancellation of registered sale deed - Can only be done by a registered document as unregistered document has no legal value...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - When sale deed in question continues to be valid and defendant had become owner of suit property, suit of plaintiff seeking cancellation of sale deed is not maintainable...........
Transfer of Property Act, 1882, Section 54 -- Sale - A contract for sale of immovable property does not, of itself, create any interest or charge on such property...........
Transfer of Property Act, 1882, Section 58, 54 -- Mortgage and sale - Distinction - In order to create mortgage there should be a transfer of interest in specific immoveable property - While in order to constitute sale it should be transfer of ownership...........
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Cancellation of a registered sale deed by vendor without notice to vendee and without his consent and without joining him as a party to the cancellation deed - Not valid in law...........
