Transfer of Property Act, 1882, Section 41 -- Bonafide purchasers for value & consideration - Sale deed executed on the basis of power of attorney - Executant of power of attorney died long before the date of execution of alleged attorney and sale deed - Power of attorney and sale deed forged & fabricated - Vendor had no right, title and interest in suit land - Plea of..........
Specific Relief Act, 1963, Section 34 -- Sale deed in favour of plaintiff by power of attorney holder - After death same land sold by L.R's in favour of defendant No.1 - Power of attorney duly proved - Defendant No.1 being in possession of suit land as tenant was supposed to take caution while purchasing suit land from legal representatives - It is unbelievable that..........
Transfer of Property Act, 1882, Section 46 -- Sale by power of attorney holder - Vendor in his life time did not challenge the sale deed executed by her attorney and no grievance made that he did not receive the consideration - Held, it is not open to a stranger to sale deed to say that sale deed was without any consideration or was invalid in any other manner...........
Contract Act, 1872, Section 237 -- Unauthorised acts of agent - Liability of principal - By executing power of attorney agent authorised to sell one property of principal - Agent tampered with deed to include therein another piece of property and on basis of such forged deed sold both properties - Bona fide purchaser for value had no knowledge of forgery - Principal is..........
Sale deed -- Executed by power of attorney holder - Sale consideration not remitted by power of attorney to the principal - Not a basis to conclude that no sale took place and sale deed was a paper transaction...........
Transfer of Property Act, 1882, Section 51 -- Transfer of property on the basis of forged power of attorney - It is no sale deed in the eyes of law being without any authority...........
Transfer of Property Act, 1882, Section 53A -- Sale of property on basis of power of attorney, agreement to sell, affidavit and will - On receipt of entire sale consideration amount power of attorney executed in favour of vendee and he put into possession of the premises - Contract of sale of immovable property though does not create any interest in or charge on such..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Earlier suit for injunction and subsequent suit for specific performance - Whether barred by Order 2 Rule 2 - Suit filed for permanent injunction prior to appointed day (date fixed for execution of sale deed) restraining defendant from alienating suit property to any third person - Plaintiff not entitled to file suit for..........
Sale deed -- Sale by power of attorney holder - General power of attorney - Power to lease, mortgage and sale specifically given - Sale is valid...........
Indian Penal Code, 1860, Section 420 -- Daughters executing power of attorney in favour of their mother, to sell property of their father, stating that they are legal heirs of their father, suppressing the fact that there is another legal heir - Held, daughters even though not parties to the sale deed can be prosecuted u/s 420 IPC...........
