Transfer of Property Act, 1882, Section 54 -- Sale - In sale for an immovable property value of which exceeds Rs.100, three requirements of law are that transfer of property of sale must take place through a validly executed sale deed i.e., it must be in writing, properly attested and registered...........
Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell - S.54 of the Act in its definition of sale does not include an agreement of sale which neither confers any proprietary rights in favour of transferee nor by itself create any interest or charge in the property...........
Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell does not confer a valid title on the plaintiff as it is not a deed of conveyance as per S.54 of the Act - At best, it only enables plaintiff to seek specific performance for execution of a sale deed and does not create an interest or charge on the suit property...........
Transfer of Property Act, 1882, Section 54 -- Sale - Receipt of consideration/Affidavit do not confer a valid title upon plaintiff because as per S.54 of the Act it is only through a deed of conveyance that title can be transferred...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Main ingredients for taking shelter u/s 53-A of the Act is the factum of possession...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit filed for possession along with other reliefs which means that on the date of filing of suit, plaintiff was not in possession - Since there was no possession with plaintiff as such he cannot derive any benefit under the doctrine of part performance...........
Power of Attorney Act, 1882, Section 2 -- General Power of Attorney (GPA) - GPA does not ipso facto change the character of document transforming it into a conveyance deed...........
Power of Attorney Act, 1882, Section 2 -- General Power of Attorney (GPA) - GPA in question merely authorises grantee to manage affairs of suit property which includes power to let out property on rent and create a mortgage of the same etc. - However, it is silent on the aspect of conveyance - Recitals of power of attorney would indicate the intent of grantor is to limit..........
Will -- Registered Will - Mere fact that Will was registered Will not grant validity to document...........
Will -- Suspicious circumstances - Testator had four children including plaintiff and defendant No.1 - There is not even a whisper of reasoning as to why testator choose to exclude other three children from bequest and whether any other properties or assets were given to them - It is highly unlikely that a father would grant his entire property to one of his children at..........
