Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - If sale and agreement to re-purchase embodied in separate documents, then transactions cannot be a mortgage by conditional sale irrespective of whether documents are contemporaneously executed...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - Sale and agreement to re-purchase embodied in separate documents - Defendant agreed to re-convey the property subject to repayment being made as provided in agreement of sale - Since amount was not paid by plaintiff, defendant acquired absolute right..........
Transfer of Property Act, 1882, Section 58(c) -- "Mortgage" or transaction of "sale with option of re-purchase" - Recital of document executed - Defendant has taken loan from plaintiff and sold property to plaintiff and given possession for two years as mortgage with stipulation that if defendant return money with in two years then plaintiff would reconvey property but if..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale and sale with condition to repurchase - In mortgage by conditional sale, transfer is made as a security to a loan taken by mortgagor/owner - Whereas, in a sale with a condition to repurchase, sale is made by vendor reserving with himself a right to repurchase it within a stipulated time...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to repurchase - Intention of parties - Mere incorporation of word `borrowed' and `mortgage by conditional sale' cannot by itself establish that there is a debtor-creditor relationship...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to repurchase - Mere fact that sale and agreement to repurchase are embodied in same document, having regard to intention of parties and surrounding circumstances making the transaction a conditional sale with option to re-purchase, document does not fall within proviso..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to repurchase - Recitals of document shows that if amount not repaid within stipulated time of 5 years, transferee will have absolute right and mortgage will be treated as an absolute sale and transferee to pay land revenue and other charges - Having not paid said..........
Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage - Can be created by deposit of either original title deed or certified copies or Photostat copies of title deeds - It is only the intention of parties which is prime factor to be considered...........
Constitution of India, 1950, Article 254, Transfer of Property Act, 1882, Section 58(c), Bengal Money-Lenders Act, 1940, Section 37A -- Inconsistency between State Act and Central Act - Order of Court declaring lending of money for land as conditional mortgage - Appellant challenging same on ground that Court failed to consider requirements of conditional mortgage u/s.58..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Sale with an option to re-purchase or mortgage with a conditional sale - Purchaser of property executed document of re-conveyance establishes the fact that mother of plaintiff mortgaged suit property against mortgage money - On payment of mortgage money, mother of plaintiff redeemed mortgage - Though document in question..........
