Transfer of Property Act, 1882, Section 54, 55 -- Sale of property by attorney - Sale deed executed - Payment of sale consideration not proved - Attesting witnesses to sale deed admitting that consideration not paid in their presence - Sale deeds not brought to the notice of the owner/Principal. Held - Sale deeds executed without consideration. Do not confer any title on..........
Title -- A person cannot by transfer or otherwise, confer better title on another than he himself has...........
Electricity connection -- Non providing of - Plea of the appellant that against the original owner outstanding electrical dues were there hence electrical connection was disconnected - Respondent who sought connection claims to have purchased the house - There is no registered sale deed - Without registered sale deed the respondent could not have acquired title to the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Misreading and misinterpreting a document of title read with other documents and the plan for the identification of the suit lands whereupon the plaintiffs themselves relied upon, gives rise to a substantial question of law...........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Husband provided money to wife to purchase property - Wife after purchase of property exercised her own right and title over property - Held, it is not a benami transaction - Husband purchased property for benefit of his wife...........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Guide to determine the nature of he transaction : (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any, for giving the transaction a benami colour; (4) the position of the parties and the relationship, if any,..........
Adverse possession -- It is possession hostile to the true owner - If the person is not sure as to who is the true owner then question of his being in hostile possession and question of denying title of true owner does not arise...........
Adverse Possession -- Partition suit - Ouster of co-sharer pleaded - Implies acknowledgment of title of co-sharer - Plea of ouster not established - Title of other co-sharer must be held to have been accepted...........
Benami transaction -- Six circumstances determining the nature of the transaction namely (i) the source from which the purchase money came, (ii) the nature and possession of the property, after the purchase, (iii) motive, if any, for giving the transaction a benami colour, (iv) the position of the parties and the relationship, if any, between the claimant and the alleged..........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Adverse possession is a right which comes into play not just because someone loses his right to reclaim the property out of continuous and willful neglect but also on account of possessor's positive intent to dispossess - It is important to take into account before stripping somebody of his lawful title, whether..........
