Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 34 -- Sale - Executed by power of attorney holder - Power of attorney was cancelled two days earlier to execution of sale deed and a legal notice was sent to attorney - Balance sale consideration amount not received by attorney at the time of execution and registration of sale deed - Power of..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage by deposit of title deeds - When memorandum of deposit of title deeds show the intention of parties to reduce their bargain regarding the deposit as a document creating an interest in immovable property, it is compulsorily registrable - It has no evidentiary value..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Nomenclature in the document is not the governing factor - The essential feature that distinguishes a lease from licence is always a transfer of interest in the demised property in a transaction of lease while a licensee does not involve any such transfer of interest - Further..........
Transfer of Property Act, 1882, Section 58(c) -- Transaction whether a mortgage by conditional sale or a sale with a condition of repurchase - It is a vexed question - One of the ingredients for determining the true nature of transaction is that the condition of repurchase should be embodied in the document which effects or purports to effect the sale...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage with a condition of repurchase - Ordinarily in such cases the amount of consideration remains the same...........
Transfer of Property Act, 1882, Section 58 -- Clog on redemption - Mortgage of property for 85 years - No stipulation entitling mortgagor to redeem property - It is a clog on equity of redemption and is illegal...........
Transfer of Property Act, 1882, Section 5 -- Release deed - A release deed conferring some benefit to the releasor simultaneously is valid...........
Transfer of Property Act, 1882, Section 39, Hindu Adoptions and Maintenance Act, 1956, Section 18, 20 -- Transfer where third party is entitled to maintenance - Where third person has a right to receive maintenance, or a provision for her marriage, from the profits of immovable property and said property is transferred, the right may be enforced against the transferee, if..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 47 -- Lis pendens - Execution - Alienation made during pendency of a litigation is hit by the principles of lis pendens and the alienee acquires no title - Even otherwise subsequent purchaser if purchased any part of the property can file a petition u/s 144 CPC after the decree holder recovers..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Of some amount in cash - Does not require registration nor does the statutory requirements contained in Ss.122 & 123 of Transfer of Property Act are attracted therefor...........
