Evidence Act, 1872, Section 114 -- Presumption - During subsistence of debt if debtor hands over his title deeds to the creditor then an initial presumption can be drawn that title deed was handed over to secure the debt - However, it is mere presumption of fact and it is always open to debtor to show otherwise...........
Transfer of Property Act, 1882, Section 41 -- Third party rights - Once third party rights come into existence and that too by virtue of registered sale deeds, such third party rights have to be protected in view of S.41 of the Act...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 24 -- Cancellation of transfer deed - Transfer of property by mother to her son - Sale deeds were obtained by son by misleading the mother with intention to cheat her - Mother was later shunted out of house - Transfer deed rightly cancelled by Tribunal - No interference warranted in it...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8, Punjab Security of Land Tenures Act, 1953, Section 12 -- Determination of tenants permissible area - Sale deeds executed before the cut-off date - To be excluded for the purpose of determination of tenants permissible area...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(zb), 13(2), Transfer of Property Act, 1882, Section 58(f) -- Security agreement - Enforcement of security interest - In the instant case, guarantor deposited title deeds of suit properties with bank with intention of creating mortgage in favour of bank - Even,..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 58(f) -- Registration - Memorandum/letter acknowledging deposit of title deeds - If the memorandum is prepared merely to confirm/acknowledge the deposit of title deeds, registration is not required irrespective of point of time at which it is executed - However, if the memorandum creates rights and..........
Transfer of Property Act, 1882, Section 58(f) -- Mortgage by deposit of title deeds - In order to create mortgage by deposit of title deeds, all that is necessary is mere handing over of title deeds with the intend to create mortgage over property - No formal document is necessary...........
Suits Valuation Act, 1887 -- Ancestral property - Plaintiff failed to prove that property in question is ancestral property - It was self acquired property of father of plaintiff/defendant no.1 - Defendant no.1 has every right to alienate the suit land without showing any legal necessity - Moreover, suit was filed after expiry of three years from the date of registration..........
Court Fees Act, 1870, Section 7(iv)(c), Article 17 -- Court fees - Suit for declaration simplictor declaring sale deeds in question as void and illegal and not binding on plaintiffs - Fixed Court Fee will be attracted as per Art.17 Scheduled II of the Act and not as per S.7(iv)(c) of the Act...........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration that sale deeds are null and void and permanent injunction - Once plaintiffs were not party to sale deeds and defendant has not disposed of properties as Karta of Joint Hindu Family then certainly rigors of S.7(iv)(c) of the Act is not attracted and plaintiffs cannot be fastened with liability of..........
