Transfer of Property Act, 1882, Section 54 -- Sale deed - Ignorance of nature of document on which signatures were obtained - Elder brother came to the help of younger brother, discharging his debtors and executing a sale deed - Such ignorance is not an instance of misrepresentation or a fraud in the facts of the case which would vitiate a sale deed executed and registered..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Fraud and misrepresentation - Respondent admits that there were debts which were paid off by appellant No.1 and he also admits that he was taken to the Municipal Office and signed once outside the Municipal Office and once inside the Municipal Office and that his wife accompanied him - With such facts are on record,..........
Transfer of Property Act, 1882, Section 53A -- Entitlement to retain possession u/s 53-A of the Act - Agreement to sell - Once a party loses his right under agreement by dismissal of suit for specific performance, it would be inconsistent and incompatible with his right to remain in possession under the agreement...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - When delivery of possession was effected in furtherance of sale deed, it would amount to notice to all concerned...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Attested by two attesting witnesses - Dispute as to status of one of attesting witness - When document appears to have been executed with two attesting witnesses, it cannot be avoided or ignored without intervention of Court and without adjudication of disputed status of witnesses, for which necessarily there..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Attestation - Document of gift having only one attesting witness would be void ab initio - But when there are atleast two attesting witnesses to document, document would not stand as ab initio void on the ground that one among the witnesses did not possess required animus testandi, for which there should be an..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchasers - Suit for specific performance - Plaintiff and subsequent purchasers are residing in the same village where suit land is located - Subsequent purchasers failed to prove that they had no knowledge of agreement to sell - Subsequent purchasers are not bona fide purchasers...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Plaintiff stepped into shoes of mortgagor after purchasing mortgage property from mortgagor but before filing suit for foreclosure by mortgagee - He is thus, entitled to redeem property in terms of S.60 of the Act...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Equity of redemption is a right which is subsidiary to right of ownership...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Purchaser from mortgagor is entitled to redeem the share of the land purchased by him but on payment of entire mortgage amount...........
