Transfer of Property Act, 1882, Section 41, 43 -- Transfer by ostensible owner & Transfer by unauthorised person who subsequently acquires interest in property transfered - Distinction - Section 41 - Based on the law of estoppel to the effect that if a man has represented that the transferor consents to an act which has been done and that he would not offer any opposition..........
Transfer of Property Act, 1882, Section 43 -- Scope - Embodies `rule of feeding estoppel' - Provides that a person who makes a representation shall not be heard to allege contrary as against a person who acts thereupon and it is immaterial whether transferor acts bonafide or fradulently in making the representation...........
Transfer of Property Act, 1882, Section 43 -- Doctrine of `feeding the estoppel' - (i) Meaning - where a grantor has purported to grant an interest in land which he did not at the time possess, but subsequently acquires, the benefit of his subsequent acquisition, goes automatically to the earlier grantee - (ii) Principle - a person who promised to perform more than he can..........
Transfer of Property Act, 1882, Section 52 -- Doctrine of Lis pendens - Scope - Section 52 merely prohibits a transfer - It does not state that the transfer would result in an illegality - Purchase during pendancy of a suit would be bound by the result of the litigation - Transaction will not be rendered void and/or of no effect...........
Registration Act, 1908, Section 49, Transfer of Property Act, 1882, Section 17 -- Sale of immovable property - Sale deed unregistered - Inadmissible in evidence - However, the same can be proved for collateral purposes...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleadment of a party - Suit for partition - Transferee pendente lite - In no case rights of plaintiff will be affected - Purchasers are necessary and proper party - Allowed to be impleaded as a defendant in the suit...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Order 1, Rule 10 -- Transferee pendentilite - Necessary & proper party - Suit for partition of joint land among co-sharers - Undivided share in the suit property sold by some co-sharers - Vendees entitled to come on record in order to work out equity in their favour in the final decree proceedings...........
Transfer of Property Act, 1882, Section 52 -- Transfer of any right pending the suit by either of the party in favour of third parties without permission of Court, is hit by Section 52 of the Transfer of Property Act...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Person who does not enter the property by agreement of sale is not entitled for protection u/s 53-A of the Act simply on the ground that he obtained an agreement of sale from the vendors...........
Transfer of Property Act, 1882, Section 108(f) -- Lease - Section 108(f) casts an obligation upon the lessor to carry out necessary repairs in the leased out premises and if he fails to do so, the lessee is entitled to make such repairs himself and deduct the expenses of such repairs from the lessor...........
