Contract Act, 1872, Section 52 -- Reciprocal promise - Order of performance - Agreement when provides that vendor shall make out to the satisfaction of the purchaser a good, marketable and subsisting title and provide all documents as required by the purchaser to satisfy him about the title of the vendor, that the vendor shall obtain a certificate of clearance from a..........
Registration Act, 1908, Section 60, Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding that sale deed was without any consideration and that power of attorney was got executed from plaintiff by defendant fraudulently and by exercising undue influence - Held, these are findings of fact - Cannot be interfered with in second appeal...........
Registration Act, 1908, Section 17, 49 -- Receipt - Purports to be sale deed or agreement - Receipt executed neither on stamp paper nor registered - Held, receipt being unstamped and unregistered cannot be used as evidence - It cannot be used even for collateral purpose because it does not recite specifically that possession of suit land has been delivered to the..........
Registration Act, 1908, Section 32, 32A, 34A -- Unilateral cancellation of sale deed - Any deed sought to be registered must be signed by both the parties - Unilateral deed of cancellation of sale cannot be entertained...........
Registration Act, 1908, Section 32, 32A, 34A -- Unilateral cancellation of sale deed - (i) A deed of cancellation of a sale unilaterally executed by the transferor does not create, assign, limit or extinguish any right, title or interest in the property and is of no effect - Such a document does not create any encumbrance in the property already transferred - Hence such a..........
Registration Act, 1908, Section 28 -- Sale deed - Registered at Mumbai but land situated at Sohana (District Gurgaon) - As per S.28 of Registration Act sale deed has to be presented for registration in the office of Sub Registrar within whose sub district the whole or some of the property, to which the document relates is situated - Sale deed is thus illegal and against..........
Registration Act, 1908, Section 30 -- Sale-deed registered on 19.02.1993 at Delhi in respect of property situated at Banga in Distt.Nawanshar - Amendment restricting power of Registrar, Delhi to receive and register any document referred to in S.28 of the Act without regard to situation in any part of India, of property to which document relates, made in year 2001, whereas..........
Civil Procedure Code, 1908, Section 64(2), Order 21, Rule 58, Registration Act, 1908, Section 47 -- Registration of sale deed after attachment but executed before attachment - No reliance can be placed on S.47 Registration Act which reads that registration relates back to date of execution of document in view of S.64(2) CPC which is very clear that registration of sale..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Immovable property - Distinction between "Sale" and "Contract for Sale" - Held, sale is complete upon execution of sale-deed and in case of an immovable property exceeding value of one hundred rupees, ownership or title to such property validly passes on to the purchaser, only upon..........
Transfer of Property Act, 1882, Section 54 -- Decree for specific performance - Effect of - Held, a decree for specific performance merely recognizes a claim for specific performance of contract, which is capable of being specifically enforced at the instance of a decree-holder - It does not create any right, title, interest in or charge on the immovable property in favour..........
