Co-owner -- A co-sharer asserts joint title and possession even, where other co-sharers/joint owners are in separate possession of different parcels of land and as a natural consequences, a co-sharer in possession of a specific area of joint property possesses the property for and on behalf of all other co-sahrers/joint owners...........
Co-owner -- A co-owner has an interest in the whole property and also in every parcel of it; (2) Possession of joint property by one co-owner, is in the eye of law, possession of all even if all but one are actually out of possession; (3) A mere occupation of a larger portion or even of an entire joint property does not necessarily amount to ouster as the possession of one..........
Revenue entries -- Reflect the rights of the parties as opposed to conferring rights and raise rebuttable presumptions as to their correctness - They reflect an existing state of affairs, namely, an existing tile or a state of possession - Entries in revenue records neither confer nor deprive a person of his title, whether joint or separate...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Applicant a third party claiming title in suit property - Held, a third party, who is stranger to the agreement for sale, has no right to be impleaded in a suit for specific performance of contract merely with a view to decide the question of title of any party over the..........
Transfer of Property Act, 1882, Section 58(1) -- Mortgage by deposit of title deed - Three requisites for a valid mortgage are : (i) debt (ii) deposit of title deeds and (iii) an intention that the deed shall operate as security for the debt...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - To constitute res judicata conditions to be satisfied are : (i) The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue in the former suit; (ii) The former suit must have been a suit between the same parties or between..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49 -- A document by law required to be registered, if unregistered - Law as to : (1) A document required to be registered is not admissible into evidence under Section 49 of the Registration Act; (2) Such unregistered document can however be used as an evidence of collateral purpose as..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Sale deed - Relief to set aside sale deed not sought - Relief sought that sale deed does not affect his right and title in the joint Hindu Family Property - In other words, sale deed may be binding interse the parties to those transactions, but the same does not affect the plaintiff's right - Order to affixed ad valorem..........
Transfer of Property Act, 1882, Section 58(f) -- Mortgage by deposit of title deeds - Where a person delivers to a creditor or his agent document of title in respect of his immovable property with an intention to create security thereon the transaction is called transaction by deposit of mortgage title deed...........
Stamp Act, 1899, Section 9(1)(a), 9(3), Transfer of Property Act, 1882, Section 58(f), 59, Registration Act, 1908, Section 17 -- Mortgage by deposit of title deeds - It is equitable mortgage and does not require registration - No stamp duty is payable - However, when a separate document is drawn creating interest in the property then the document requires registration...........
