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...........
Prevention of Money Laundering Act, 2002, Section 45, Prevention of Corruption Act, 1988, Section 13(1)(e) -- Criminal misconduct - Person who himself is not a public servant but helped a public servant in money laundering - His tainted property will be guilty for offence under PML Act and PC Act...........
Prevention of Money Laundering Act, 2002, Section 45, 65, 71, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Even a person who is not a public servant can be prosecuted under PC Act if such person held property of public servant, which public servant acquired disproportionate to known sources of income...........
Hindu Women's Right to Property Act, 1937, Section 3(2) -- Joint Family Property - Death of Karta - Widow of Karta became entitled to a share in joint Family property - However, share of widow would remain undetermined till such time there is partition in the family...........
Hindu Succession Act, 1956, Section 6 -- Joint Family Property - Death of Karta in 1961 - Notional partition just before the death of Karta would have to be presumed, following the provisions of S.6 of the Act - Share of widow of a Karta also recognized by notional partition - After the death of Karta his share would devolve by intestate succession in the absence of Will...........
Maintenance and Welfare of Parents and Senior Citizen Act, 2007, Section 22, 23, 32, Punjab Maintenance and Welfare of Parents and Senior Citizens Rules, 2012, Rule 22, 23 -- Eviction - Property of senior citizen - Eviction and maintenance - Summary eviction order can be passed by District Magistrate after considering claim of senior citizen and unauthorized occupant after..........
Maintenance and Welfare of Parents and Senior Citizen Act, 2007, Section 22, 23, 32, Punjab Maintenance and Welfare of Parents and Senior Citizens Rules, 2012, Rule 22, 23 -- Eviction order - Unauthorized occupant - Property of senior citizen - District Magistrate is competent to order eviction of an unauthorized occupant in terms of provisions of 2007 Act and 2012 Rules..........
Transfer of Property Act, 1882, Section 60, 62 -- Redemption of mortgage - Non-deposit of mortgage amount within time so granted by trial Court as operation of judgment and decree of trial court was stayed by appellate Court - There is no question of not depositing the mortgage amount within time granted by trial Court - No willful disobedience on part of plaintiff in..........
Indian Contract Act, 1872, Section 14, Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17 -- Sale deed - Registered - Sale deed alleged to be executed without free consent - Sale deed is voidable at the option of executant - To set aside the sale deed, a suit has to be filed - Sale deed cannot be cancelled by executing a cancellation deed - Sale..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Custom providing that daughters would not inherit property is in derogation of provisions of the Act and cannot be recognized - Such custom would be in violation of Art.15 of Constitution...........
