Transfer of Property Act, 1882, Section 114, 114A -- Forfeiture/termination of tenancy - Dispute resolving through arbitration - If in arbitration proceedings landlord has sought for an award of ejectment on the ground that lease has been forfeited since tenant has failed to pay rent and breached express condition for payment of rent or such other breach and in such..........
Transfer of Property Act, 1882, Section 114 -- Forfeiture/termination of tenancy - Non-payment of rent - Where lease is determined by forfeiture and lessor sues to eject lessee and, if, at the hearing of suit, lessee pays or tenders to lessor the rent in arrears, S.114 of the Act provides that Court instead of passing a decree for ejectment may pass an order relieving..........
Transfer of Property Act, 1882, Section 3 -- Attestation - Attestor is not required to know contents of document - By just signing the document with an intention to attest or on seeing the signing of document by the executant or a receipt of personal acknowledgment about execution of document is sufficient to constitute attestation...........
Transfer of Property Act, 1882, Section 3 -- Attestation - Attesting witness admitted his signatures - Admitting signing the document is sufficient to constitute attestation - Failure to know the contents of document is not relevant consideration to constitute an attestation...........
Evidence Act, 1872, Section 154, Transfer of Property Act, 1882, Section 3 -- Hostile witness - Attesting witness of gift deed - Admitted his signatures but stated that without reading the gift deed he signed it - An attestor is not required to know the contents of document - Since the witness admitted his signature on the gift deed as such there is no necessity to treat..........
Transfer of Property Act, 1882, Section 54 -- Sale of house, measuring 220 Sq. Yards, with description of four room - There are in fact ten rooms in the house - Plea that only four rooms were sold - Held, mere non disclosure of all the rooms attracts evasion of stamp duty but it cannot be said that entire house was not transferred by sale deed when it is evident that..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Movable property - Gift of movable property may be effected either by a registered instrument or by delivery - Such delivery may be made in the same way as goods sold are delivered...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - For a gift to be valid, it must be gratuitous in nature and must be made voluntarily - There should be complete dispossession of the ownership in the property by the donor - Acceptance of gift by donee can be done anytime during the life time of donor...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Immovable property - Gift of immovable property must be effectuated by means of a registered instrument bearing the signature of the donor and attested by at least two witnesses...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - S.122 of the Act neither defines acceptance nor does it prescribe any particular mode for accepting gift - Fact of acceptance can be ascertained from the surrounding circumstances such as taking into possession the property by the donee or by being in possession of the gift deed itself - Acceptance of..........
