Transfer of Property Act, 1882, Section 116 -- Lease - Acceptance of rent after expiry of lease period - Held, mere acceptance of rent for the subsequent months in which the lessee continued to occupy the lease premises cannot be said to be a conduct signifying `assent' to the continuance of the lessee even after expiry of lease period...........
Registration Act, 1908, Section 17(1)(b) -- Memorandum of understanding regarding family settlement - Registration - Partition of property on the basis of family settlement - Later on memorandum of understanding acknowledging the rights flowing from partition executed - Memorandum does not require registration as it merely recorded a past event - Sahoo Magho Dass's case..........
Registration Act, 1908, Section 17(1)(b) -- Consent decree - Registration - Family settlement - Property partitioned - Memorandum of understanding recording past family settlement / partition executed - Consent decree passed - Consent decree only recognised pre-existing rights - No new rights created or existiguished - Decree does not require registration...........
Hindu Marriage Act, 1955, Section 16, Hindu Succession Act, 1956, Section 3(1)(j), 6 -- Illegitimate children - For all practical purposes, including succession to property of his parents, has to be treated as legitimate - Entitled to equal share with legitimate children - Can be treated as coparceners - Only limitation is that illegitimate child cannot claim partition..........
Punjab Land Revenue Act, 1887, Section 16(1), Hindu Succession Act, 1956, Section 4, 14 -- Widow - Entered `Kareva' (remarriage) - Right of Succession to the share of property of her pre-deceased husband - Absolute owner of suit land - Section 14 of Succession Act overrides all laws regarding widow's estate - Remarriage cannot divest her of the right to inherit property..........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser - Previous agreement - Knowledge of - Appellant was made aware of earlier agreement with the plaintiff qua the land in dispute and also made aware of delivery of possession of part of land in dispute - Factum of delivery of possession even admitted by defendants - Held, appellant cannot claim that he had no..........
Transfer of Property Act, 1882, Section 107 -- Tenancy - Monthly or yearly - Payment of yearly rent - Does not mean that it is a yearly tenancy as parties can very well agree even in the case of monthly tenancy to pay yearly rent...........
Transfer of Property Act, 1882, Section 107 -- Tenancy - Monthly or yearly - Lease of shop unregistered - It shows that tenancy is a monthly tenancy...........
Transfer of Property Act, 1882, Section 106, 107 -- Tenancy - Tailoring business - Business not manufacturing hosiery - Tailor is supposed to stitch clothes on request - Tailor does not purchase clothes for preparing garments on a large scale and sell them in the open market - Tailor is not engaged in any manufacturing activities - Tenancy cannot be deemed from year to..........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Sale of coparcenary property - Son born subsequently or adopted - Son cannot object to alienation made before his birth or before he was begotten...........
