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..........
Passage -- Mere recital in the sale deed cannot establish existence of passage - Recital in the sale deed has to be corroborated from other cogent, convincing and reliable evidence...........
Family Courts Act, 1984 -- Suit property already divided between ancestors of parties - This fact is not denied by defendant - There was thus, no question that father of plaintiff being co-owner of property when the sale deed in question was executed in favour of father of defendants after partition of property - Mere recital in the sale deed as to execution of sale deed..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cancellation of sale deed - Cannot be sought on the ground of unpaid price - Sale deed executed by plaintiff does not incorporate any recital that title shall not vest in buyer until and unless sale price is paid - Title passed on buyer as soon as sale deed executed and registered - Plaint not..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Property in co-ownership sold out by defendant to the extent to his share - Simply for the reason that sale deed in question does not mention the right of plaintiff, it will not become void or voidable at the option of plaintiff - Moreover, there is no recital in said sale deed negating right of appellant..........
Stamp Act, 1899, Article 47A -- Stamp duty - Agreement to sell - When there is no recital in the agreement of sale as to delivery of possession or at least about delivery of possession in future, said agreement is not liable to be stamped as a sale deed u/art 47-A of Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering with possession of plaintiff - Defendant claiming to be in possession of property under an unregistered agreement of sale - Said agreement of sale shall have no effect for purpose of S.53-A of T.P.Act - Plaintiff on the other hand produced registered sale deed..........
Hindu Law -- Coparcenary property - Sale - Family necessities - If sale could be supported for necessity which could include a discharge of a debt which was antecedent to sale, burden of proof of proving such necessities would be squarely on purchaser - Purchaser is required to prove that he made enquiries and found that at relevant time, manager had contracted a debt and..........
Agreement to sell -- Suit for specific performance - Recital in agreement that sale deed may be obtained in favour of third person - Held, agreement does not become invalid or unenforceable merely on this ground...........
Registration Act, 1908, Section 34, 35 -- Sale deed - Registration - Sub Registrar can refuse to register sale deed when an order to maintain status quo regarding possession had been passed by the competent Court when there is clear recital in the sale deed that possession forming the subject matter of sale is delivered to the plaintiff - Though scope of enquiry by Sub..........
