Transfer of Property Act, 1882, Section 54 -- Sale and Release - Stamp Act, 1899, Art. 47-A - Distinction - Sale is transfer of title in immovable property to another for consideration - Release is transfer of rights in immovable property to an existing co-owner(s) which can be with or without consideration - Transferee under a sale is an altogether stranger, whereas in..........
Registration Act, 1908, Section 71 -- Refusal to register - Want of ownership and title of vendor - Jurisdiction of Registering Authority - It does not fall in the domain of registering authority to embark into question of ownership when document is presented for registration - Impugned order set aside - Sub-registrar directed to register sale deed...........
Advocates Act, 1961, Section 35, 36 -- Advocate - Professional misconduct - Advocate attesting a sale deed which was false to his knowledge and attempt made to create title in himself - Advocate, held, guilt and suspended from practice for 3 months - Fact that complainant and Advocate settled the matter does not mitigate or wipe out professional misconduct...........
Specific Relief Act, 1963, Section 34, 37, 38 -- Declaration and possession - Boundaries given in sale deed not correct - It is not permissible to lay a claim seeking relief of title and recovery of possession on the basis of such sale deed without seeking relief of rectification of boundaries...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 143 -- Suit for cancellation of sale deed - Jurisdiction of civil Court - Plaintiff/appellant herself accepted in the plaint that her name is not recorded in the revenue records - Held, in absence of averment in the plaint that plaintiff is..........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17 -- Transfer of immovable property - Sale agreement, general power of attorney and Will do not convey any title nor create any interest in an immovable property - Immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance...........
Stamp Act, 1899, Section 156, 165, Article 35, 63 - - Levying of stamp duty - Lease of land - Petitioner has paid the stamp duty as provided under Article 35 of Schedule I-B of the Stamp Act - There is specific provision under Article 63 of the Stamps Act that lessee can also transfer lease rights to any other person if there is a condition in the lease deed for transfer..........
Local Governance bodies -- Gram Panchayat - Land - Suit for possession - Appellant-plaintiff before lower appellate court had admitted that ownership of land vests in Gram Panchayat - He has also failed to prove that sale deed relied upon relates to suit property - It is admitted case of plaintiff that he lost possession of property some where in the year 1995 - Held, to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal to grant - Legality - Suit for declaration and permanent injunction - Plaintiff sought relief of temporary injunction - Defendant opposed said relief by producing death certificate of original owner of land and contended that sale deed executed by original owner in favour of plaintiff was..........
Revenue entries -- Effect thereof - Held, revenue entries do not give title or ownership to any party, as title or ownership of immovable property passes from one party to another on basis of registered sale deed - Revenue entries are nothing but the consequences - If any person has become owner of a property by virtue of a registered sale deed in his favour, he should go..........
