Specific Relief Act, 1963, Section 20, Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Readiness and willingness - Defendants/appellants have to prove that their predecessor-in-interest took step in furtherance of contract and he was ready and willing to perform his part of contract which is missing in the instant case - Further, there..........
Specific Relief Act, 1963, Section 13(1)(c), 20, Transfer of Property Act, 1882, Section 55(5)(b) -- Agreement to sell - Suit for specific performance - Encumbrance - Right of intended purchaser - Intended purchaser can compel vendor to get land/property unencumbered before execution of sale deed or purchaser is entitled to retain the amount for which property is..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Property of minor - Agreement to sell by mother - Suit filed by minor for symbolic possession by way of specific performance - Agreement to sell does not by itself create any interest in or charge on property - Same thus, not fall within meaning of word `otherwise', which requires previous permission of Court before..........
Agreement to sell -- Agreement with tenant - Jural relationship of landlord and tenant - Such question has to be decided by keeping in view S.111 of Transfer of Property Act and intention of parties - None of the nine conditions of agreement intended to surrender tenancy rights - Tenancy remained unaffected notwithstanding execution of agreement to sell - Landlord is..........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Validity - Execution of gift deed after execution of agreement to sell and after receiving legal notice - Agreement to sell duly proved and prior in point of time - Defendant was left with no power to deal with property that was subject matter of agreement - Gift deed is null and void...........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 53, 54 -- Unregistered agreement to sell - Does not confer any title nor transfer any interest in an immovable property - Defendant cannot claim any title on suit land on the basis of agreement to sell...........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the..........
Transfer of Property Act, 1882, Section 60 -- Suit for possession by way of redemption of mortgage - Maintainability - Once sale deed is executed in favour of defendants pursuant to decree for possession by way of specific performance of agreement to sell, mortgage created by original owner in favour of mortgagees comes to an end - Defendants were absolute owners of..........
Transfer of Property Act, 1882, Section 55(6)(b) -- Right of buyer - Charge on seller's interest - Agreement to sell - Suit for specific performance - Agreement in question amounted to a loan transaction - There is thus, no buyer seller relationship between parties - Provision of S.55(6)(b) of the Act held, cannot be invoked...........
Agreement to sell -- Unregistered - Marking of document as exhibit - Principal document namely the agreement to sell executed prior to coming into force of S.17(1-A) of Registration Act - Amended provision made applicable prospectively - Hence the same was not required to be compulsorily registered - Even if it was required to be registered, keeping in view the purport of..........
