Transfer of Property Act, 1882, Section 53A -- Plea of adverse possession and part performance are mutually destructive - One cannot be allowed to say that on one side, he admits the title of plaintiff for the purposes of S.53-A TPA and at the same time, asserts title in his own self...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Plea of - Not available in absence of proper pleading...........
Transfer of Property Act, 1882, Section 122 -- Gift - Person making the gift must possess title to property gifted...........
Transfer of Property Act, 1882, Section 123 -- Oral gift by Muslims - Permissible - However, when such parties choose to execute a gift deed, then it must conform to the requirement of S.123 of the Act - If the unregistered document is one, which merely refers to a previous oral gift, it can be acted upon, notwithstanding the fact that it was not registered and if a gift..........
Transfer of Property Act, 1882, Section 54 -- Sale - Consideration - Proof - Recital in sale deed that entire consideration already paid - It is of no use when original sale deed is produced by defendant - It is usual practice that after registration of sale deed 'Registration Receipt' is exchanged and the same is handed over to the purchaser with endorsement and signature..........
Transfer of Property Act, 1882, Section 54 -- Sale - Consideration - Proof - Consideration amount stated to be paid in presence of Registrar - No such endorsement of Registrar on sale deed - Absence of such endorsement on the deed will be deemed that no consideration amount passed to the seller inspite of the fact that there was recital in the sale deed regarding the..........
Transfer of Property Act, 1882, Section 5, 6(h), 7, Contract Act, 1872, Section 23 -- Transfer of property by a person without title or transfer opposed to nature of interest or for an unlawful object or consideration or transferee legally disqualified to be transferee - Title in property does not pass to the transferee...........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfers - Transfer of immovable property made with intent to defeat or delay the creditors of the transferors and transfer made without consideration with intent to defraud a subsequent transferee are void and at the option of the subsequent transferee voidable...........
Transfer of Property Act, 1882, Section 41 -- Sale deed - Validity challenged - Plea of bona fide purchaser - Succession under the Will opened in the year 1998 whereas sale deed executed in the year 1975 when vendor had no authority to execute sale deed - Suit filed by daughters in the year 1982 - Sale deed executed is void - Son of defendant No.1 was not a party in lower..........
Transfer of Property Act, 1882, Section 105 -- Lease - Extension of lease and renewal of lease after expiry of lease period - Execution of fresh lease deed - In the case of extension, it is not necessary to have a fresh deed of lease executed as the extension of lease for the term agreed upon shall be a necessary consequence of the clause for extension - However, option..........
