Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - In order to succeed in a plea of bona fide purchaser, u/s 41 of the Act, it is to be proved, that the transferor is ostensible owner - That he is so with the consent express or implied of the real owner - That the transfer is for consideration, and that the transferee has acted in good faith taking..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - U/s 41 of the Act express or implied consent has to be valid and free consent - In case, transfer is procured by fraud and misrepresentation in absence of bona fide, the plea of bona fide purchase is not available - Fraud vitiates everything...........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Express or implied consent - The same is to be on the part of the vendee or with his consent, by his vendor - In absence thereof, it would be unfair to deny the right to contest to the subsequent vendee - It is for the party alleging fraud to prove the fraud and misrepresentation, as no presumption can be..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Ostensible owner - Vendee of such owner is entitled to the protection of bona fide purchaser u/s 41 of the TPA - After coming into force of Benami Transaction (Prohibition) Act, the consent of true owner has lost significance as for all intents and purposes, the person registered as owner of the property..........
Transfer of Property Act, 1882, Section 41, Specific Relief Act, 1963, Section 13, 19 -- Subsequent vendee - Non availability of the protection of S.41 of the Act - Bona fide purchaser will be entitled to get back his money along with interest and costs etc. from his vendor...........
Transfer of Property Act, 1882, Section 54, 55 -- Restraint clause in sale deed - Void - Purchaser can ignore such clauses and enjoy the property...........
Transfer of Property Act, 1882, Section 55 -- Sale deed - Cancellation - By execution of sale deed, seller conveys the ownership of property to purchaser - Seller cannot unilaterally cancel the conveyance or sale...........
Agreement to sell -- Specific performance - Property under mortgage - Contract to sell immovable property with an imperfect title and property encumbered for an amount not exceeding the purchase price - Purchaser has a right to compel the seller to redeem the mortgage and obtain a valid discharge and then specifically perform the contract in its favour. (Specific Relief..........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Execution - Attachment and sale of property - Highest bidder deposited 25% of the auction amount at the time of bid, but failed to deposit the balance 75% within stipulated period of 15 days as envisaged U.O.21.R.85 CPC - Application of purchaser for condonation of delay and for permission to deposit remaining 75% of auction..........
Agreement to sell -- Specific performance - Property under mortgage - Contract to sell immovable property with an imperfect title and property encumbered for an amount not exceeding the purchase price - Purchaser has a right to compel the seller to redeem the mortgage and obtain a valid discharge and then specifically perform the contract in its favour. (Specific Relief..........
