Transfer of Property Act, 1882, Section 3, Succession Act, 1925, Section 63(c) -- Attest - Essential conditions of a valid attestation are : (1) Two or more witnesses have seen the executant sign the instrument or have received from him a personal acknowledgment of his signature, (2) with a view to attest or to bear witness to this fact each of them has signed the..........
Transfer of Property Act, 1882, Section 3, Succession Act, 1925, Section 63(c) -- Attest - Notary - By affixing his seal renders only authenticity to the document - He is not animo attestandi - No doubt Notary attests the document but he is not an attesting witness...........
Transfer of Property Act, 1882, Section 3 -- Immovable property - When an immovable property such as land is transferred by way of assignment of lease, all appurtenances thereto attached to the earth such as buildings and fixtures thereto would also stand assigned...........
Civil Procedure Code, 1908, Order 1, Rule 9, Transfer of Property Act, 1882, Section 3 -- Suit for specific performance - Necessary parties - Subsequent purchaser is a necessary party - Plaintiff is deemed to be aware of subsequent purchaser in whose favour registered sale deed is executed...........
Jammu and Kashmir Migrants (Stay of Proceedings) Act, 1997, Section 3, Insurance Act, 1938, Section 38, Transfer of Property Act, 1882, Section 130 , 135 -- Insurance claim - Assignment and transfer of insurance policies - Transfer of actionable claim - Assignment of rights under policy of insurance against fire - Substantial advance was made to the complainants by the..........
Transfer of Property Act, 1882, Section 3, 41, Registration Act, 1908, Section 30, Contract Act, 1872, Section 208 -- Sale by GPA holder - Cancellation of GPA - Unless it is proved that vendees had notice of cancellation of power of attorney, it has no impact on validity of sale...........
Transfer of Property Act, 1882, Section 3, 41, Registration Act, 1908, Section 30, Contract Act, 1872, Section 208 -- Sale by GPA holder - Cancellation of GPA by registered instrument - Whether registered instrument in itself is a notice to all? Held no - 'A person is said to have notice' mean that when a fact actually comes to the notice of the person unless he willfully..........
Transfer of Property Act, 1882, Section 106, Delhi Rent Control Act, 1958, Section 3(c), 6A, 8, 14(1)(e) -- Suit for eviction - Rent increased - S.3(c) of Act came into operation - Suit for eviction under general law - Held, that no notice to quit was necessary u/s 106 TPA in order to enable the respondent to get a decree of eviction against appellant...........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Principles governing for determination as to whether a transfer is a benami transaction or not : (1) the burden of showing that a transfer is a benami transaction lies on the person who asserts that it is such a transaction; (2) If it is proved that the purchase money came from a person other..........
Specific Relief Act, 1963, Section 20, Transfer of Property Act, 1882, Section 3 -- Agreement to sell - Specific performance - Time for performance of agreement not fixed - Sale deed executed in favour of third party and possession delivered - Registration of sale deed amounts to notice - Suit filed after two years of having such knowledge - Suit though not barred by..........
