Housing -- Junior HIG House - Advertisement - Estoppel - The scheme provided the purchaser would be required to get the sale registered of the plot only and not that of the superstructure - Notification of the State Government under Indian Stamp Act providing for that there is no exemption/reduction in stamp duty in case of HIG houses - Held that any advertisement issued..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage by deposit of title deeds - When memorandum of deposit of title deeds show the intention of parties to reduce their bargain regarding the deposit as a document creating an interest in immovable property, it is compulsorily registrable - It has no evidentiary value..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Sale deeds pertaining to the portion of lands which are subject to acquisition would be the most relevant piece of evidence for assessing the market value of the acquired lands...........
Deeds and documents -- It is not the nomenclature of the document or the language employed in the document that is decisive as to its contents - It is the actual character of the transaction and the nature of the rights created by it which are important...........
Transfer of Property Act, 1882, Section 58(1) -- Mortgage by deposit of title deed - Three requisites for a valid mortgage are : (i) debt (ii) deposit of title deeds and (iii) an intention that the deed shall operate as security for the debt...........
Transfer of Property Act, 1882, Section 58(f) -- Mortgage by deposit of title deeds - Where a person delivers to a creditor or his agent document of title in respect of his immovable property with an intention to create security thereon the transaction is called transaction by deposit of mortgage title deed...........
Stamp Act, 1899, Section 9(1)(a), 9(3), Transfer of Property Act, 1882, Section 58(f), 59, Registration Act, 1908, Section 17 -- Mortgage by deposit of title deeds - It is equitable mortgage and does not require registration - No stamp duty is payable - However, when a separate document is drawn creating interest in the property then the document requires registration...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Declaratory suit - Plaintiff claiming title and also to set aside sale deeds executed by defendant in favour of third parties - Amendment sought to seek preferential right u/s 2 of Hindu Succession Act on ground that he was co-sharer of suit land - Such preferential right can ordinarily be claimed within..........
Deeds and documents -- Nature of - Has to be gathered from the word used specifically when the same is drafted by an expert...........
Deeds and documents -- Deed of family partition - A document is to be interpreted not by its nomenclature but what is contained in the said document - Deed of family partition does not mean by nomenclature that it is a transaction in praesenti - Facts contained in deed itself shows that it is a memorandum of past transaction - Document held to be of past transaction which..........
