Transfer of Property Act, 1882, Section 58 -- Clog on redemption - Mortgage of property for 85 years - No stipulation entitling mortgagor to redeem property - It is a clog on equity of redemption and is illegal...........
Transfer of Property Act, 1882, Section 5 -- Release deed - A release deed conferring some benefit to the releasor simultaneously is valid...........
Transfer of Property Act, 1882, Section 39, Hindu Adoptions and Maintenance Act, 1956, Section 18, 20 -- Transfer where third party is entitled to maintenance - Where third person has a right to receive maintenance, or a provision for her marriage, from the profits of immovable property and said property is transferred, the right may be enforced against the transferee, if..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 47 -- Lis pendens - Execution - Alienation made during pendency of a litigation is hit by the principles of lis pendens and the alienee acquires no title - Even otherwise subsequent purchaser if purchased any part of the property can file a petition u/s 144 CPC after the decree holder recovers..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Of some amount in cash - Does not require registration nor does the statutory requirements contained in Ss.122 & 123 of Transfer of Property Act are attracted therefor...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Has to be made voluntarily without consideration by one person and accepted by the another in whose favour it is made and the transfer has to be made by a registered instrument signed by or on behalf of the person making it and attested by at least two witnesses or by delivery...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Valid gift - One of the basic conditions for a valid gift is its acceptance by or on behalf of the donee - However, there is no specific mode provided for acceptance of the gift - Acceptance of a gift can be express or by implication and the implication can be drawn from the surrounding facts and circumstances...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - Possession of the donee over the property gifted is a proof of acceptance provided such possession is in pursuance thereof...........
Guardians and Wards Act, 1890, Section 27 -- Muslim minor - Guardian of property - Mother is a de facto guardian and a bare custodian of property of minor son - A de facto guardian has no power to transfer any right or interest in the immovable property of the minor - Such a transfer would not be merely voidable, but would be void...........
Insurance Act, 1938, Section 38, Transfer of Property Act, 1882, Section 130, 135 -- Decree - As soon as it is passed or order is made in favour of the complainants, the Bank is entitled to claim the said amount - For such a relief, it is not necessary for the Bank to become a plaintiff by filing a suit in a competent Court of law and obtain a decree in its favour...........
