Transfer of Property Act, 1882, Section 106 -- Notice - Service of summons of suit can be taken as notice u/s 106 of Transfer of Property Act, 1882...........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Inadequate consideration - Sale deeds cannot be declared as null and void on the ground that consideration is inadequate or that entire consideration is not paid - Quantum of consideration depends upon circumstances in which sale took place - If any part of sale consideration is due, vendor has..........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Fraud and undue influence - Plaint is silent as to nature of fraud or undue influence, that is said to have been played - Even otherwise except PW1 no other witness has spoken about alleged fraud and undue influence - Plea of fraud and undue influence rejected - Suit rightly dismissed...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift of immovable property - Transfer of possession - Held, transfer of possession of property covered by registered instrument of gift duly signed by donor and attested as required is not sine qua non for making of valid gift under provisions of T.P. Act, 1882 - S.123 of the Act supersedes rules of Hindu Law insofar as..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift of immovable property - Validity - Execution of registered gift deed and its attestation by two witnesses not disputed - Donee has accepted gift - Recitals in gift deed also prove transfer of absolute title in gifted property from donor to done - Only right to use property during lifetime of donor retained - Held, it..........
Transfer of Property Act, 1882, Section 108 -- Tenancy - Destruction of building alone does not determine tenancy when land which was site of building continues to exist - In the event of tenancy having been created in respect of a building standing on the land, it is the building and the land which are both components of the subject-matter of demise and destruction of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Suit regarding same subject matter pending between same parties in two different Courts - Continuation of two suits in two different jurisdictions has the potential of conflicting judgments - Taking into account the convenience of parties and also in the interest of justice, suit at place `A' is transferred to..........
Transfer of Property Act, 1882, Section 111(g) -- Sub-tenancy - Eviction suit - Plaintiffs were found to be absolute owners with valid title under registered sale deed - Tenants denied title of plaintiff-landlord and thus forfeited right of tenancy - Plaintiff, held, entitled to possession of suit premises - Suit rightly decreed...........
Transfer of Property Act, 1882, Section 10, 11 -- Sale - Restriction of 10 years for further sale - When property is purchased by a person, he becomes absolute owner and all rights and title vest in him - Condition imposed in sale deed has no effect on the rights of purchaser for further sale...........
Transfer of Property Act, 1882, Section 100, Registration Act, 1908, Section 17 -- Charge - Registration of charge is compulsory and in absence of registration, charge cannot be enforced - Document purporting to create charge is required to be executed on a stamp paper of requisite value under the provisions of Stamp Act...........
