Transfer of Property Act, 1882, Section 122, 123 -- Gift - Donor retained the possession -Gift was to become operative after death of donor as per recital in the gift deed - It was a conditional gift - Donor then cancelled it and executed Will in favour of the appellant - Held, appellant would get the right to the property...........
Land Acquisition Act, 1894, Section 5A -- If holder on record has already been given notice and he filed objections, the omission to give notice to person who subsequently became the owner of property would not vitiate the enquiry conducted under Section 5A of the Land Acquisition Act...........
Hindu Marriage Act, 1955, Section 16(3) -- Marriage void - Children begotten from such a marriage acquire a right to inherit the property left by the deceased...........
Registration Act, 1908, Section 17 -- Consent decree - Registration - Consent decree between family members as family settlement qua their immovable property not creating any right or title in the property for the first time - Does not require compulsory registration...........
Limitation Act, 1963, Article 67, Transfer of Property Act, 1882, Section 116 -- Permissive possession after expiry of lease period - Does not give cause for prescribing title by adverse possession -. Defendant for the first time set up a hostile title in 1957 and the suit having been filed within five years therefrom is not barred by limitation...........
Wakf Act, 1954, Section 2(1) -- Creation of Wakf- Founder must declare his intention to dedicate the property for the mosque - A specific declaration is necessary - The founder must divest himself completely from the ownership of the property - The divestment can be inferred from the fact that he delivered possession to the Mutawali or an Imam of the mosque - In absence of..........
Succession Act, 1925, Section 320, 323, 325, Civil Procedure Code, 1908, Order 20, Rule 13 -- Suit for administration of estate of deceased claiming to be the legal heir - Held, suit is maintainable under Succession Act - O.20.R.13 CPC is applicable only to a case where suit is filed for possession of property for administration on the ground that he is the sole heir of..........
Punjab Town Improvement Act, Section 38(1)(i), 36, 40, 59 -- Schedule-Authorities if derelict in making enquiry or serving notice on the reputed owner whose name has already been entered in Municipal records and has paid Municipal taxes over a period-Vitiates acquisition made under the Schedule read with Section 59-Service of notice on owner or..........
Registration Act, Section 17 -- Principle that registration of document is constructive notice-Successive sales and transfers of land in a short interregnum-Public authorities not expected to go on making enquiries in Sub Registrar's Office regarding ownership of property...........
Transfer of Property Act, 1882, Section 58, 83, M.P.Accommodation Control Act, 1961, Section 12(1) -- Tenant - Becoming mortgagee under a mortgage deed - Redemption - No stipulation in mortgage deed that on redemption mortgagee would lose his status as tenant - On redemption status of tenant would survive - Putting an end to tenancy right by resorting to contract would be..........
