Agreement to sell -- Specific performance - Plaintiff has specifically averred that though defendants had neither obtained ITC certificate nor had revenue records corrected, they were threatening to dispossess him and create third party rights over suit property - Even, defendants have specifically stated that they were entitled to create third party rights - Concurrent..........
Agreement to sell -- Attestation - Agreement to sell not required to be attested by two attesting witnesses, as it does not by itself create any interest in or charge on property...........
Agreement to sell -- Mere agreement to sell does not itself create any interest in or charge on property agreed to be sold as per S.54 of Transfer of Property Act...........
Agreement to sell -- Does not by itself create any right in the property, except the right of obtaining sale deed on that basis...........
Partition suit -- Seeking relief of declaration against agreement set up by defendants - Alleged agreement to sell by itself does not create any right in the property, except right of obtaining sale deed on that basis - Suit for partition is maintainable without seeking declaration against agreement to sell...........
Registration Act, 1908, Section 17(1)(b) -- Agreement to sell - An agreement for sale by itself does not create any interest or charge in a property agreed to be sold and it is for this purpose that agreement for sale is not treated as a conveyance for the purpose of Registration Act and therefore, not compulsorily registered u/s 17(1)(b) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque issued under and in pursuance of agreement to sell - An agreement to sell does not create any interest in immoveable property, it nonetheless constitutes a legally enforceable contract between the parties to it - Payment made in pursuance of such an agreement is a..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Property of minor - Agreement to sell by mother - Suit filed by minor for symbolic possession by way of specific performance - Agreement to sell does not by itself create any interest in or charge on property - Same thus, not fall within meaning of word `otherwise', which requires previous permission of Court before..........
Agreement to sell -- Mere agreement to sell of immovable property does not create any right, title or interest in the property, till the time such agreement is specifically enforced...........
Agreement to sell -- Does not create any right in the property save the right to enforce the said agreement...........
