Transfer of Property Act, 1882, Section 54 -- Sale deed - A vendor cannot transfer a better title to the vendee than he himself possesses...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registered adoption deed - Mere registration of adoption deed did not absolve the person asserting such adoption from proving that fact by cogent evidence and person contesting it from adducing evidence to contrary...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registered adoption deed - PW1/guardian of adopted child was not present at adoption ceremony - There is no clinching evidence that woman in photographs was in fact adoptive mother - No convincing evidence of actual giving and taking of child in adoption - Purohit stated that adoption ceremonies were..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation - Parents are not looked after but were manhandled by their children who have taken gift of parent's property - Liability to look after the aged parents is not a matter of charity but a statutory obligation - Gift deed rightly set aside...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not produced any document to show his readiness i.e financial capacity - He has also not let any proof to show his willingness - No explanation given by plaintiff as to what transpired to wait for two long years to approach defendant for execution of sale deed after execution of agreement..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Limitation of three years starts from the date of knowledge of plaintiff about sale deed - Plaintiffs have come to know of sale deed in 2006 - Suit filed as late as in the year 2010 was hit by Art.59 of the Act and is barred by law of limitation - Suit rightly dismissed...........
Agreement to sell -- Validity - Mere non-delivery of possession in pursuance of agreement to sell despite having paid half of sale price cannot be taken to be suspicious circumstance about its valid execution especially, in the facts wherein maximum period for execution of sale deed as per terms of agreement was six months - Agreement to sell is valid - Suit rightly..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plea of adverse possession and title - Defendant admitted the ownership of father of plaintiff - Plaintiff became one of co-owners along with his brothers after demise of his father - Deed of partition pleaded by defendant not proved - Two alternative pleas of adverse possession and title was sought..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Suit of plaintiff based on settlement deed executed in his favour and two sale deeds - Settlement deed executed only a few days prior to institution of suit - Sale deeds which plaintiff put forward as documents of title are unregistered documents - Courts below rightly held that..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49 -- Lease of immovable property for five years with provision for renewal for further five years - Lease deed requires compulsory registration...........
