Transfer of Property Act, 1882, Section 3, 123 -- Validity of execution/ attestation of/in the deed - Mixed question of fact and law - Not a pure question of law - Objection not raised regarding validity of execution/attestation of/in the deed - Cannot be raised for the first time before Appellate Court - Evidence Act, Section 68...........
Transfer of Property Act, 1882, Section 3 -- Attestation - No particular form need be followed - Can be at the first or at the last page...........
Transfer of Property Act, Section 3 -- Affixation of signatures by Registering Authority - Does not amount to attestation of Will - Registration Act, Section 59...........
Transfer of Property Act, 1882, Section 106, M.P.Accommodation Control Act, 1961, Section 3(2), 22 -- Eviction suit - Trust properties - Plea that suit not maintainable as it was not based on any of grounds u/s 22 of M.P. Accommodation Control Act - Not tenable - Trust properties exempted from operation of Accommodation Control Act by notification dated 17.12.1998 -..........
Trusts Act, 1882, Section 3, 6 -- Trust - Nature of - Tripartite transaction among settlor or author of trust, trustee and beneficiaries involving transfer of property by settlor to trustee - Deed of trust must show intention of settlor to create trust, state purpose thereof, name beneficiaries and describe property transferred as trust property to trustee - Where deed..........
Transfer of Property Act, 1882, Section 3, 59 -- A person signing as a registering officer is not an attesting witness...........
Registration Act, 1908, Section 17, 51, 55, Transfer of Property Act, 1882, Section 3 -- Compromise decree creating charge on immovable property in favour of any party to suit - Registration is compulsory unless amount secured is less than Rs.100/- - On registration it amounts to constructive notice as contemplated under Section 3 of the Transfer of Property Act...........
Registration Act, 1908, Section 58, 59, Transfer of Property Act, 1882, Section 3, 59 -- Mortgage deed - Proof - Held, mortgage deed is required to be proved by producing at least one of the attesting witnesses...........
Dowry Prohibition Act, 1961, Section 3, 6 -- Suit by wife for recovery of dowry amount against husband and father-in-law who held the dowry in trust and they did not transfer the trust property in favour of her and for her benefit - Suit is maintainable...........
Transfer of Property Act, 1882, Section 122, 123, 3 -- Gift is transfer of property made voluntarily and without consideration and to be accepted by or on behalf of the donee - For making a gift, a deed is to be executed to be signed by or on behalf of the donee and attested by atleast two witnesses and that each witness has seen that executant has signed or affixed his..........
