Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Merely because parties are nearly related to each other or donor was old and infirm, no presumption of undue influence or fraud can arise...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Execution of gift deed in favour of grandsons by donor - DW2/deed writer of gift deed proved both execution and attestation of deed of gift - He stated that donor was physically fit, she was sitting on varanda and instructed DW2 to write down said gift deed - Evidence of DW2 was all long consistent on..........
Transfer of Property Act, 1882, Section 58(c) -- "Mortgage" or transaction of "sale with option of re-purchase" - Recital of document executed - Defendant has taken loan from plaintiff and sold property to plaintiff and given possession for two years as mortgage with stipulation that if defendant return money with in two years then plaintiff would reconvey property but if..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - For getting back vacant possession of suit property - Defendant claiming protection of his possession on the basis of agreement to sell - Defendant neither filed a suit for specific performance of contract nor had he pursued his counter claim in the suit - On this count claim of defendant and legal right to..........
Hindu Minority and Guardianship Act, 1956, Section 6, 11 -- Property of minor - Alienation by brother of minor without permission of Court - Brother of minor who transferred property is in position of a de facto guardian of Hindu minor - Such transfer on behalf of minor is an unauthorized and is void - Alienee cannot justify it on the ground that minor subsequently did not..........
Transfer of Property Act, 1882, Section 108 -- Lease - Lease of open plot and lessee was under obligation to handover possession of suit property in the state in which he received it - Lessee though permitted to raise construction on suit property but since he did not remove it, suit property did not assume character of `Premises' in terms of S.7(9) of Maharashtra Rent..........
Transfer of Property Act, 1882, Section 3 -- Attestation - Scribe of document can also be an attesting witness thereof, provided that he signs document with required animus to attest...........
Transfer of Property Act, 1882, Section 123, 3 -- Gift deed - Attestation - Where the Sub-Registrar not examined, mere fact that there is endorsement on gift deed by Sub-Registrar will not amount to attestation as contemplated under the Act...........
Transfer of Property Act, 1882, Section 123, 3 -- Gift deed - Attestation - Gift deed attested by only one attesting witness - Attesting witness admitted that he did not know donor and further admitted that he was not in a position to state as to whether donor was same person, who had in fact executed gift deed, as he was only asked to sign the document - He thus, put his..........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Shop in question is constructed after 1985, therefore it is exempted from operation of U.P Act of 1972 - Factum of service of notice terminating tenancy in terms of S.106 of the Act not disputed - Tenant defaulted in payment of rent - Tenant rightly evicted...........
