Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - Sale deed executed by power of attorney holder, in favour of wife and minor sons - Wife and minor sons having no earning capacity - No evidence adduced about payment of price mentioned in the sale deeds as well as the earning capacity at the relevant time of his wife and minor sons..........
Agreement to sell -- Specific performance - Readiness and willingness - It was for plaintiff to establish his readiness and willingness for execution of agreement by entering witness box and proving his capacity to pay balance consideration amount - Power of attorney appointed later on was naturally unaware of preceding events, is incompetent to deny any document on..........
Agreement to sell -- Specific performance - Agreement for sale entered into by plaintiff through her son/power of attorney - Defendants could accept the sale consideration but they disputed the authority of power of attorney - Power of attorney appeared in office of Sub Registrar for execution of sale deed but defendants did not turned up - Date of execution of sale as..........
Stamp Act, 1899, Article 45(d)(as -- Duty on power of attorney - Classification of agents without consideration into one who are relations of executant and those who are not his kith and kin - Not unreasonable - Provisions seeks to curb improper transfer of immovable property - Provision - not irrational...........
Agreement to sell -- Specific performance - Bonafide purchaser for valuable consideration - Power of attorney - Revoked after sometime - Agreement to sell executed by him thereafter - Another attorney appointed - Second attorney selling property to another person - Held, suit for specific performance on basis of agreement executed by power of attorney holder after..........
Benami transaction -- Property purchased by wife through her power of attorney out of funds provided by husband - Mutation sanctioned in the name of wife immediatly after purchase - Whether a Benami transaction - Determination of - Source of money never been the sole consideration, merely one of the relevent consideration but not determinative in character - True character..........
