Transfer of Property Act, 1882, Section 116 -- Applicability of the provision - (i) There must be a determination of lease (2) After the determination of lease, the lessee must be in possession; (3) Owner should receive the rent - Only in compliance of all the three conditions the lessee should be deemed to be holding over...........
Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - Redeeming features - (a) delivery of possession to mortgagee, (b) mortgagee to retain possession until repayment of money and to receive rents and profits or part thereof in lieu of interest, or in payment of mortgage money, or partly in lieu of interest and partly in payment of mortgage money, (c)..........
Transfer of Property Act, 1882, Section 39, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance - Charge over property - Husband entered into agreement for sale of house when dispute between him and wife started - Purchaser paid advance under agreement without enquiring about his wife and children - Purchaser made a party to suit filed by wife - Wife in..........
Transfer of Property Act, 1882, Section 126 -- Gift - Of immovable property by donor in lieu of services and maintenance to be provided to her by donee - Possession of land delivered to donee - Gift was complete - No condition of revocation of gift in case donee stopped providing services - Gift cannot be termed as conditional and revocable one...........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 18 -- Lease - Memorandum of oral lease of immovable property not exceeding one year accompanied by delivery of possession does not require registration - Lease of immovable property not exceeding one year effected by oral agreement accompanied by delivery of possession - Subsequently terms of..........
Transfer of Property Act, 1882, Section 109 -- Co-owners - One co-owner let out the shop without consent of other co-owner - Partition of shop - A portion of share fell to share of other co-owner - Later owner is entitled to khas possession of portion which fell to his share - Protection of Rent Act is not available to the tenant. (Haryana Urban (Control of Rent and..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Transferee in possession under agreement to sell by satisfying all conditions of the provision - He can seek protection of his right irrespective of the fact whether he comes to Court as plaintiff or as a defendant...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Transferee in possession under agreement to sell by satisfying all conditions of the provision - Can protect his possession even if he has not filed suit for specific performance of contract and thereby disabled himself for acquiring legal title...........
Transfer of Property Act, 1882, Section 53A -- Part performance - To claim benefit under the provision the claimant has to prove an agreement in writing and that he has either taken possession of disputed property in whole or in part and if he was already in possession he has continued with his possession and has done some act in furtherance of contract - He has also to..........
Transfer of Property Act, 1882, Section 53A -- Possession delivered under agreement to sell - In a suit for specific performance decree for refund of earnest money granted - Held, vendee in such situation cannot protect his possession u/s 53-A TPA...........
