Punjab Village Common Lands (Regulation) Rules, 1964, Rule 5 -- Exchange - Failure of Gram Panchayat to obtain prior approval of Government - Does not affect validity or legality of transfer - Panchayat may be liable in accordance with law for some disciplinary action - Non - compliance of Rule 5 - By itself does not in any way affect legality or validity of transfer...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 5 -- Eviction of person who entered into the land (of Gram Panchayat) subject matter of exchange - Exchange not sanctioned by Government - Initial entry which was authorised would not become unauthorised - Failure of Gram Panchayat to obtain prior..........
Family settlement -- Self acquired property - Decree in favour of nephews - Person owning self acquired property has absolute right to transfer the same - Daughter is not required to be a member to the family settlement - Nephews are members of a larger family and decree, on the basis of family settlement, in their favour of self acquired property is valid...........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-sharer - Sale of specific portion of land by particular Khasra numbers by a co-owner out of joint Khewat would be a sale of share out of joint Khewat...........
Transfer of Property Act, 1882, Section 44 -- Sale - Bona fide purchaser for value and consideration - Encumbrance on immovable property - Where parties to the agreement are resident of a small village then it is not possible to believe that the residents of the village are not aware of the agreement - Purchaser cannot be held to be a bonafide purchaser for value and..........
Transfer of Property Act, 1882, Section 3(26) -- 'Nasban' rights - It is a right of the planter of tree in the land of the other by which he acquires half right in those trees and half right in their fruits till the life of the trees...........
Limitation Act, 1963, Article 65, Transfer of Property Act, 1882, Section 3(26) -- 'Nasban' rights in the trees - Trees attached to earth, except `standing timber' are immovable property - Principles of adverse possession are applicable to the `Nasban' rights to such trees...........
Transfer of Property Act, 1882, Section 113 -- Notice to quit - Waiver - Mere act of lessor showing an intention to treat the lease as subsisting is not sufficient to constitute waiver - That action must have the express or implied consent of the lessee whose consent to the act must exist - For such an inference there must be a clearest indication that the recipient of the..........
Transfer of Property Act, 1882, Section 50 -- Partial redemption - Not permissible in law - Purchaser from a sharer, who is having some interest in the mortgaged property, is not entitled to redeem his share of mortgaged property, on payment of proportionate mortgage amount - However such a purchaser can redeem the mortgage by paying the full amount and thereafter has to..........
Transfer of Property Act, 1882, Section 53A -- Part performance - In order to avail protection of S.53-A a transferee, apart from satisfying other conditions, (i) must in part performance of the contract take possession of the property or any part thereof; and (ii) must have done some act in furtherance of the contract...........
