Transfer of Property Act, 1882, Section 122, 123 -- Gift - Of some amount in cash - Does not require registration nor does the statutory requirements contained in Ss.122 & 123 of Transfer of Property Act are attracted therefor...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Has to be made voluntarily without consideration by one person and accepted by the another in whose favour it is made and the transfer has to be made by a registered instrument signed by or on behalf of the person making it and attested by at least two witnesses or by delivery...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Valid gift - One of the basic conditions for a valid gift is its acceptance by or on behalf of the donee - However, there is no specific mode provided for acceptance of the gift - Acceptance of a gift can be express or by implication and the implication can be drawn from the surrounding facts and circumstances...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - Possession of the donee over the property gifted is a proof of acceptance provided such possession is in pursuance thereof...........
Insurance Act, 1938, Section 38, Transfer of Property Act, 1882, Section 130, 135 -- Decree - As soon as it is passed or order is made in favour of the complainants, the Bank is entitled to claim the said amount - For such a relief, it is not necessary for the Bank to become a plaintiff by filing a suit in a competent Court of law and obtain a decree in its favour...........
Transfer of Property Act, 1882, Section 60, Limitation Act, 1963, Section 18 -- Mortgage - Redemption - Bar of limitation - Plea of plaintiff that Will containing recital acknowledging mortgage giving rise to fresh period of limitation - In Will executor merely bequeathing mortgage property to mortgagee - Recitals in Will does not fulfill ingredients of acknowledgement..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Transfer of Property Act, 1882, Section 111(g) -- Lease in perpetuity - No forfeiture clause - Once there is lease in perpetuity between the parties landlord can't seek eviction during pendency of lease - Where a lease deed does not contain a forfeiture clause contractual tenancy under TPA continues - Held,..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unless the donee accepts the gift, it is not a valid gift...........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Attachment of property in execution of decree - Transferee lis pendens filed objections alleging that he was bona fide purchaser of said property for consideration - Held, objector purchased property after passing of attachment order - Hence, sale transactions was hit by principle of lis pendens -..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Applies even when execution proceedings are pending...........
