Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Power of Attorney Act, 1882, Section 2 -- Sale deed - Execution of sale deed by power of attorney holder - Cancellation of power of attorney subsequent thereto - Cancellation does not affect the prior sale deed executed more so when there is no contention that attorney was not conferred with..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Where donor has executed gift deed in favour of donee voluntarily, transferring absolute title and possession of gift property without reserving her any right in suit property and donee has accepted the same, cancellation of gift deed unilaterally by donor is non-est under..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Doctrine of lis pendens u/s 52 of the Act provides two exceptions - First exception is that if the parties to suit are colluding - In the instant case, all the parties to partition suit were colluding in order to defraud transferee pendente lite - More so, one of DH resides in adjoining house permitted..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Second mortgage deed was not proved in accordance with provisions of Evidence Act - No entry in revenue record regarding alleged second mortgage - There were multiple litigations between parties thus, no plausible reason for plaintiff to mortgage the land with defendant - Nothing on record to prove that..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property transferred by mother in favour of her son with condition that he will take care of her and in absence of same, transfer deed will stand cancelled - Mother is not maintained by son and after transfer of property in favour of her son she is not allowed to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property transferred by mother in favour of her son - Son contended that house in question was purchased by him from his own sources in the name of his mother - Civil suit was already filed by son claiming ownership of house in question - However, in case son is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to add pleading with respect to non-maintainability of suit in view of provisions of new Rajasthan Rent Control Act - Suit filed under Transfer of property Act and on the date of filing of suit, Rajasthan Rent Control Act were not applicable and jurisdiction to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Once senior citizen has more property to take care of himself, authorities concerned should have looked into whether senior citizen required any maintenance at the hands of transferee or not...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Challenge as to - When a non-executant challenges deed, he has to plead and prove his title...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - A transfer pendete lite is not illegal ipso jure but remains subservient to pending litigation...........
