Transfer of Property Act, 1882, Section 53A -- Part performance - Receipt for transaction towards sale of immovable property - There is not a single word that any property is being transferred and receipt is towards consideration received for transfer of certain property - Neither the term sale nor any term indicating handing over of possession have been mentioned in..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Categorical case of plaintiffs is that they are in possession over suit property through a registered sale deed executed in favour of their father - Various documents in shape of electricity connection and other receipts were filed by defendant which was disbelieved by trial Court - Even otherwise, such..........
Income Tax Act, 1961, Rule 2, 16 -- Sch.II - Loan - Recovery of dues - Attachment of property by Income Tax department - Recovery proceedings initiated against respondent by Bank for non-payment of loan amount - Property was attached prior to issuance of notice by Income Tax Officer - Sale of property though conducted after issuance of notice as well attachment order..........
Will -- Execution of Will in favour of wife by giving absolute interest - Sale of property by wife - Validity - Testator created absolute unfettered right in favour of wife by virtue of Will - There is nothing in wording of Will which indicates that testator necessarily required any subsequent sale, mortgage or lease carried out by wife to happen with concurrence or..........
Will -- Intention of testator - Expression used in Will by Testator while bequeathing property in favour of wife that `house should be sold and sale amount be divided among my daughter and son' preceded by expression `it is my desire' - Part of Will providing for sale of property during her lifetime and distribution of sale proceeds between children cannot be treated as a..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Minor - Sale of property of minor by de facto guardian - Foster mother or foster father cannot be construed as natural guardian - At best they can be termed as de facto guardian - Alienation of share of minor by de facto guardian is void ab initio - It is not voidable as in the case of alienation by natural guardian -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Plaintiff filed the suit on basis of sale deed executed in his favour by his vendor - However, since vendor of plaintiff was declared by Court in earlier decision to be not having any title, plaintiff has no title to subject property - Consequently, decree for declaration of..........
Agreement to sell -- Specific performance - Readiness and willingness - Mere issuance of demand notice calling upon defendant to execute sale deed does not constitute compliance of requirement of readiness and willingness as envisaged u/s 16(c) of Specific Relief Act - S.16(c) of Specific Relief Act stipulates that plaintiff should establish that he or she was ready and..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has to plead and establish that he had resources to pay the balance sale consideration or possessed the necessary wherewithal to raise the balance sale consideration to conclude the sale transaction - It amounts to failure to prove readiness and willingness when there is no evidence of any..........
Agreement to sell -- Specific performance - Readiness and willingness - Bank accounts in the name of plaintiffs prove that they had sufficient funds to discharge their obligation with regard to payment of balance sale consideration - There is thus, voluminous and overwhelming evidence on record to prove bona fides of plaintiffs with regard to their readiness and..........
