Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - One of the main object of enacting the Act is to provide the right to women to reside in matrimonial home or shared household, irrespective of whether she has any title in such home or household...........
Evidence Act, 1872, Section 17, Registration Act, 1908, Section 17 -- Admission - Transfer of interest in immovable property cannot pass by admission...........
Registration Act, 1908, Section 17(2)(vi) -- Unregistered compromise decree - A decree cannot effectively transfer a right in property by mere admission without registration of decree or carrying out a transfer in accordance with law as Court decree cannot secure transfer which is opposed to provision of law...........
Specific Relief Act, 1963, Section 37, Protection of Women From Domestic Violence Act, 2005, Section 26, Transfer of Property Act, 1882, Section 39 -- Injunction - Dispossession and alienation - Wife seeking restraint order against husband - Provisions of Act of 2005 are incorporated in any civil or criminal proceedings - Wife is entitled to a right of protection to remain..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Right of redemption of a mortgage should be kept alive beyond passing of final decree till even the appeal or other remedies against orders refusing to set aside sale are passed finally...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - In case of encroachment, it is always open to Court to appoint a commission to do local investigation - Commissioner shall examine alleged claim of parties based on document of title of both the parties...........
Transfer of Property Act, 1882, Section 54, 58(c) -- Mortgage by conditional sale or sale with condition of repurchase - Distinction - In the former case, there is a relationship of debtors and creditors and the transfer is by way of security for repayment of debt, whereas in the later case, there is condition of reconveyance in the event the amount equivalent to the..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Mortgage by conditional sale or sale with condition of repurchase - Condition of repurchase contained in a separate deed - Original sale deed can never be regarded as mortgage - Deed of transfer is out and out sale and condition contained in a separate document would only be regarded as separate agreement for..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Mortgage by conditional sale or sale with condition of repurchase - Separate agreement for reconveyance - Conditions for reconveyance including condition of time is required to be strictly complied - In case of agreement to reconvey time is ordinarily regarded as an essence of contract - Original vendor is required to..........
Transfer of Property Act, 1882, Section 122 -- Gift - Essentials of a valid Gift are : (a) There must be transfer of ownership - As in the case of a sale, there must be a transfer of all the rights in the property by the donor to the donee. However, it is permissible to make conditional gifts. The only restriction is that the condition must not be repugnant to any of the..........
