Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - In order to get a transfer deed cancelled u/s 23 of the Act two criteria need to be fulfilled i.e (i) senior citizen is required to prove that transfer was conditional subject to provisions of Act; and (ii) senior citizen has to plead and prove that he was not..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Once senior citizen has more property to take care of himself, authorities concerned should have looked into whether senior citizen required any maintenance at the hands of transferee or not...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Challenge as to - When a non-executant challenges deed, he has to plead and prove his title...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Prayer for transfer cannot be allowed in a causal manner only on the ground that there is distance of 50 kms to the place where case is filed - Application dismissed...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - A transfer pendete lite is not illegal ipso jure but remains subservient to pending litigation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - Law as to: (i) For the purpose of impleading a transferee pendente lite, facts and circumstances should be gone into and basing on necessary facts, Court can permit such a party to come on record, either U.O.1.R.10 CPC or U.O.22.R.10 CPC,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Parties directed to maintain status quo order regarding possession and record of site in question and further not to transfer, mortgage or alienate suit property - Meaning thereby, as there is an order of status quo, party whosoever was in possession of property on date of filing of suit shall remain in..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Word `transfer of property' includes permissive transfer or gratuitous transfer in favour of a person and if the senior citizen is able to demonstrate his need than that transfer can be declared as null and void in terms of provisions contained in S.23 of the Act...........
Transfer of Property Act, 1882, Section 54 -- Sale - Attachment of property - Sale of subject property pending order of attachment is void only as against the claims enforceable under the order of said attachment and not in respect of other claims - Sale of property attached cannot be construed as illegal sale...........
Transfer of Property Act, 1882, Section 106 -- Lease - Document of lease for period from 1994 to 2005 - It was thus, necessarily required to be registered as per S.107 of the Act - Since document in question is admittedly not registered one, it cannot create lease rights beyond a period of 12 months - Lease in question was neither for agricultural purposes nor for..........
