Transfer of Property Act, 1882, Section 105 -- Lease - Essential ingredients - (i) There should be a transfer of a right to enjoy an immoveable property - (ii) Such transfer may be for a certain term or in perpetuity - (iii) The transfer should be in consideration of a premium or rent - (iv) The transfer should be bilateral transaction, the transferee accepting the terms..........
Transfer of Property Act, 1882, Section 106, 108, 111 -- Tenant at will -Lease - Terms and conditions - Interpretation of - Lease deed not specifying any duration - Permitting lessee to hold land for ever subject to right of lessor to resume the land by giving one month's notice - No grant in perpetuity - Right of lessor to resume land by giving one month's notice is..........
Transfer of Property Act, 1882, Section 106, 108, 111 -- Lease in perpetuity - Construction of - Absolute discretion to resume land at any time without assigning any reason and absence of any express grant in perpetuity and absence of any consideration, militates against the instrument being construed as lease in perpetuity...........
Transfer of Property Act, 1882, Section 105, 107 -- Lease - Existence of lease deed must be proved - Lease must also answer the legal requirements of Ss.105 & 107 of the Act - Relationship of lessor and lessee and the terms and conditions of a lease depends upon the contract between the parties - In a case involving the State and particularly when the nature of the land is..........
Transfer of Property Act, 1882, Section 60 -- Co-sharer - Mortgage - Joint property - Redemption by paying entire mortgage money by one of the co-sharers - Redemption is for the benefit of all co-sharers - One of the co-sharer/mortgagors, by redeeming the mortgage in its entirety cannot claim a right a right higher than what he otherwise had - A co-mortgagor cannot become..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 126 -- Gift Deed - In partition appellant was deprived of the entire land, leaving no share with him - Such an arrangement can never be termed as partition - This arrangement more appropriately could take the shape of gift - Gift of immovable property is compulsory registerable - Not a valid..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 51, Order 21, Rule 35 -- Lispendens - Execution of decree for possession - Construction existing or raised over the land or has been raised during the pendency of the case over the land - Would not stand in way of execution of decree - Decree Holder entitled to earn fruits of decree...........
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..........
Transfer of Property Act, 1882, Section 76 -- Mortgage - Lease of mortgaged property by mortgagee - Implications - Mortgagee cannot act in a manner detrimental to the mortgagor's interest during subsistence of mortgage - Cannot grant lease to any one which may enable lessee to acquire permanent or occupancy right as tenant in the land and there by defeating the mortgagor's..........
Transfer of Property Act, 1882, Section 76 -- Mortgage - Liabilities of mortgagee - (i) Mortgagee cannot create an interest in the mortgage property which will enure beyond the termination of his interest has mortgagee, (ii) Mortgagee in possession of mortgaged property must manage it as a person of ordinary prudence would manage it if it were his own, (iii) Mortgagee must..........
