Transfer of Property Act, 1882, Section 10, 11 -- Punjab Package Deal Properties (Disposal) Rules, 1976, R.4(1) - Transfer of property imposing a condition on alienation of property by transferee - Such a condition is void - Right to alienate the property cannot be taken away without the statutory force of law...........
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19 -- Lis pendens - Agreement to sell - Suit for specific performance filed - Injunction order passed by civil Court expired - Sale of property thereafter to third party - Held, sale to third party is hit by doctrine of lis pendens enshrined in S.52 of Transfer of Property Act - Defendant not..........
Transfer of Property Act, 1882, Section 58(1) -- Mortgage by deposit of title deed - Three requisites for a valid mortgage are : (i) debt (ii) deposit of title deeds and (iii) an intention that the deed shall operate as security for the debt...........
Transfer of Property Act, 1882, Section 108(O) -- Change of user - Premises let out to Company for residence of a particular officer of the company - Suit premises vacated by said officer - Premises allotted to some other officer of company - Does not amount to change of user so as to be hit by S.108(O) of the Act...........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49 -- A document by law required to be registered, if unregistered - Law as to : (1) A document required to be registered is not admissible into evidence under Section 49 of the Registration Act; (2) Such unregistered document can however be used as an evidence of collateral purpose as..........
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Suit for specific performance - Sale during pendency of suit - Plaintiff ready and willing to perform his part of the contract - Sale is hit by rule of lis pendens...........
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Suit for specific performance - Sale during pendency of suit - Plaintiff ready and willing to perform his part of the contract - Sale is hit by rule of lis pendens...........
Transfer of Property Act, 1882, Section 58(f) -- Mortgage by deposit of title deeds - Where a person delivers to a creditor or his agent document of title in respect of his immovable property with an intention to create security thereon the transaction is called transaction by deposit of mortgage title deed...........
Transfer of Property Act, 1882, Section 58(f) -- Provision of S.58(f) TPA has been extended to all the district headquarters of Punjab vide notification No.GS 88/CA.4/1882/S.58/75 dated 28.08.1975 and all block headquarters vide notification No.SO 31/CA.4/1882/S.58/79 dated 23.06.1979...........
Transfer of Property Act, 1882, Section 53A -- Part performance - For applicability of the provision, an agreement has to be entered into in writing - Provision of S.53-A provides for application of an equitable doctrine of part performance - Requisite ingredients therefor must be pleaded and proved...........
