Transfer of Property Act, 1882, Section 122 -- Gift Deed - Non-transferable right conferred upon donee with further stipulation that after her death, property would devolve upon sons of donor - Condition restraining donee from transferring property in dispute is void - However, gift deed is valid as interest of donee under gift deed was due to her pre-existing right of..........
Transfer of Property Act, 1882 -- Eviction - Notice - Lease agreement executed between parties for a period of three years having no clause for extension of the same - Defendants failed to vacate suit premises after expiry of lease period - Notice u/s 106 of the Act was duly issued upon failure of defendants to vacate suit premises - No infirmity in the impugned order of..........
Suit for possession -- Agreement to sell - Transferee put in possession in part performance of agreement to sell - Entire sale consideration paid - Transferee performed his part of contract and he developed the property by putting efforts and by investing for so many years - Held, transferee is entitled to protect his possession even when his suit for specific performance..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Alienation of suit property during pendency of proceedings is hit by principle of lis pendens and transferee pendente lite is bound by decision of Court...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Termination of tenancy - Requirement of notice - No formal notice is necessary u/s 106 of TPA for filing a suit for eviction under general law - Filing of suit itself amounts to a notice...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 6A, Transfer of Property Act, 1882, Section 106 -- Eviction - Termination of tenancy - Requirement of notice - No formal notice served upon tenant regarding termination of tenancy - Held, where parties were already in litigation in previous suit on same cause of action which was later dismissed - There is no..........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - A plea of part performance in the absence of a registered document, cannot be taken...........
Transfer of Property Act, 1882, Section 53A, 108 -- Agreement to sell by landlord with tenant - Part performance - An agreement to sell by landlord to sell the premises let out to the tenant does not, in the absence of landlord having put the tenant into possession of the property in part performance of the agreement to sell, prevent the landlord from suing the tenant from..........
Transfer of Property Act, 1882, Section 114 -- Scope - Genesis of S.114 of the Act, is a written agreement between the parties containing expressed terms and conditions and in breach whereof, when a right of re-entry is exercised u/s 111(g) of the Act, S.114 of the Act, may be attracted and not otherwise...........
Maintenance and welfare of Parents and Senior Citizens Act, 2007 -- Transfer of Property Act, 1882 - Conflict between two Acts - Act of 2007 is a special legislation and Will override the provisions of general legislation viz. 1882 Act, if there is a conflict between the two...........
