Transfer of Property Act, 1882, Section 60, 62, Limitation Act, 1963, Article 61 -- Limitation for redemption of usufructuary mortgage - 'Whether the right to seek redemption would arise on the date of mortgage itself in case of usufructuary mortgage when no time limit is fixed to seek redemption' ? Matter referred to DB. Editorial Note - Also see Harbans vs. Om Parkash &..........
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16 -- Bonafide transferee under agreement - Protection under Section 53-A - Agreement to sell - Possession delivered to vendee - Vendee failed to get sale deed executed - Suit for possession by vendor - Vendee seeking protection u/s 53-A - Vendee failed to plead and prove his readiness and..........
Transfer of Property Act, 1882, Section 53A -- Protection u/s 53-A - When and to whom available - Section 53-A protects the bonafide transferee under agreement, who has perfomed his part of agreement, which could not be completed in the prescribed manner - Transferee has to establish by his conduct that he was always ready and willing to perform his part of contract but it..........
Registration Act, 1908, Section 17 -- Family settlement - One member took responsibility to satisfy the claim of Bank - It is a settlement of assets and liabilities amongst the family members - Such settlement is not transfer of any fights, which would require registration - Family members arrived at a settlement in a particular manner and the same cannot be said to be for..........
Transfer of Property Act, 1882, Section 54, 51, 52 -- Bonafide purchaser - Decree on basis of oral family settlement - Mutation not got sanctioned on that basis - Subsequent sale of property - Purchasers purchased property on verifying revenue record which did not reflect any right or title in favour of appellants - Held, purchasers are bonafide purchasers...........
Specific Relief Act, 1963, Section 10, 19 -- Agreement to sell - Subsequent transfer of property by vendor in favour of her daughter-in-law vide Civil Court decree - Civil suit filled by vendor challenging said decree - Rights of vendee sought to be defeated by taking recourse of subsequent event of suffering collusive decree by vendee - Apparent fraud committed by vendor..........
Registration Act, 1908, Section 17(1)(b) -- Consent decree - Registration of - Transfer of immovable property of more than Rs.100/- in value - No evidence on record to show any family settlement between parties to decree - Decree complusorily registrable - Not registered - Decree not recognisable in the eye of law - Bhoop Singh's case AIR 1996 SC 196 relied...........
Family settlement -- Pre-existing right - Transfer of share by sister in favour of brother - Land devolved from common ancestor - Cannot be a part of family settlement between brother and sister - Brother has no pre-existing right qua property of his sister - Similarly sister has no pre-existing right qua property of her brother...........
Transfer of Property Act, 1882, Section 54, 5, Registration Act, 1908, Section 60, Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Sale deed - Consideration - Proof - Scribe or attesting witness not examined - Sale deed exhibited without objection - Held, once the document is exhibited on record and marked as such, the contents thereof would..........
Transfer of Property Act, 1882, Section 5, Registration Act, 1908, Section 60, Evidence Act, 1872, Section 101 -- Registration certificate - Registration of a document is a solemn act to be proformed in the presence of competent officer - Registered sale deed would be prove of admission of receipt of consideration made before the Registrar - Burden of proof is on the..........
