Transfer of Property Act, 1882, Section 53A -- Part performance - Protection of a prospective purchaser/transferee of his possession of the property involved, is available subject to following prerequisites: (i) There is a contract in writing by transferor for transfer for consideration of any immovable property signed by him or on his behalf, from which the terms..........
Transfer of Property Act, 1882, Section 53A -- Part performance - S.53-A of the Act is an exception to the provisions which require a contract to be in writing and registered and which bar proof of such contract by any other evidence - Consequently, the exception must be strictly construed...........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage - Property auctioned due to non payment of borrowed amount - Right of redemption ceases after property was registered in favour of auction purchaser...........
Transfer of Property Act, 1882, Section 123, Stamp Act, 1899, Section 2(24) -- Gift or settlement deed - Transfer of property in favour of `G' was in recognition of the fact that she had been taking care of transferors and would continue to do so while also using the same to carry out charitable work - Consideration need not always be in a monetary terms and it can be in..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice would not be rendered invalid merely because period mentioned therein was short as prescribed u/s 106(1) of the Act, in the event suit proceedings have been initiated after expiry of the period mentioned in the provision...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Once the tenancy stood terminated by issuance of notice as landlord inclined himself to terminate it, question of default should not have be gone into...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Contention that doctrine of lis pendens does not apply because the petition for review was lying in the registry in a defective state cannot be accepted - Contention rejected, as Doctrine of lis pendens kicks in at the stage of `institution' and not at the stage when notice is issued by Court - Thus,..........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Non-utilization of suit property and keeping the same as vacant may be a disobedience of the object of gift but that by itself would not attract the power to revoke the gift deed, particularly when there is no stipulation in the gift deed that if the suit property is not so utilized, gift would stand..........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Gift can be revoked in the following three contingencies i.e: (i) the donor and donee may agree for the suspension or revocation of gift deed on the happening of any specified event which does not depend on the will of donor; (ii) a gift which is revocable wholly or in part with the agreement of..........
Transfer of Property Act, 1882, Section 126 -- Gift - Revocation - Once it is held that gift deed was validly executed resulting in the absolute transfer of title in favour of plaintiff, same is not liable to be revoked, and as such the revocation deed is meaningless especially for the purposes of calculating the period of limitation for instituting the suit...........
