Transfer of Property Act, 1882, Section 58(c), 54 -- Sale with condition of repurchase or mortgage by conditional sale - Interpretation of deed - Transferee put in possession in order to clear existing debt of Rs.1, 000/- and further to obtain another loan of Rs.1, 000/- and condition in deed requiring transferee to reconvey property to transferor if later repays Rs.2, 000..........
Transfer of Property Act, 1882, Section 54, 55(a), 55(b) -- Sale - Non payment of full consideration amount - Still the title passes on but seller is entitled to the return of the purchase money alongwith interest...........
Transfer of Property Act, 1882, Section 54, 55(a), 55(b) -- Sale - Non payment of consideration amount - Transferee continues to be the owner - However, defendant agreed he has no right over the property and as such he would execute a relinquishment deed and register the same in the name of plaintiff - Relinquishment deed not executed and registered - Held, in the absence..........
Transfer of Property Act, 1882, Section 54, 55(a), (b) -- Sale - Consideration amount not paid - Transferee continues to be the owner - Relinquishment deed agreed to be executed - On failure to execute and register the relinquishment deed it cannot be said that transferee is divested of his title to the property - On non execution of the relinquishment deed the only..........
Transfer of Property Act, 1882, Section 54 -- Sale - Entire consideration paid - Title will be complete only on execution of regular sale deed...........
Transfer of Property Act, 1882, Section 54 -- Sale - The words 'price paid or promised or part-paid and part-promised' indicate that actual payment of whole of the price at the time of the execution of sale deed is not a sine qua non to the completion of the sale - Even if the whole of the price is not paid but the document is executed and thereafter registered, the sale..........
Transfer of Property Act, 1882, Section 54 -- Sale - In order to constitute a sale the parties must intend to transfer the ownership of the property and they must also intend that the price would be paid either in presenti or in future - The intention is to be gathered from the recital in the sale deed, conduct of the parties and the evidence on record...........
Transfer of Property Act, 1882, Section 54 -- Sale - Objections by stranger - Held, it is open even to a stranger to impeach a sale deed as void and invalid in a suit against him by the buyer/purchaser of a property - A person in his capacity as a defendant can raise any legitimate plea available to him under law to defeat the suit of the plaintiff - This also includes the..........
Transfer of Property Act, 1882, Section 54 -- Tenant - In his capacity as defendant it is open to him to assert, plead and prove that the sale deed is fictitious and collusive in nature...........
Transfer of Property Act, 1882, Section 54, 107, 123, 53A -- Ss.54, 107, 123 extended to State of Punjab with effect from 1.4.1955 - After this, sales, mortgages and leases of immovable property are permissible only by a registered document - Prior to April 1955 though T.P. Act did not apply to State of Punjab yet its principles being based upon equity, justice and good..........
