Transfer of Property Act, 1882, Section 44 -- Co-sharer - Dwelling house - Co-sharer can sell his undivided share in a dwelling house to a person who is not member of the family but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds amicably and through mutual settlement or by a decree of Court...........
Transfer of Property Act, 1882, Section 114 -- Applicability of the provision of S.114 of the Act - For applicability of the provision there must exist a written agreement containing express terms and conditions - In absence of written agreement Courts below rightly declined to extend benefit of S.114 of the Act...........
Transfer of Property Act, 1882, Section 106, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Uttar Pradesh Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Section 20 -- Eviction - Determination of tenancy - Effect - Held, mere determination of tenancy does not render a tenant liable for eviction or dispossession by conferring any..........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27 -- Quit notice - Notice sent by post can be addressed either at office or the residence...........
Transfer of Property Act, 1882, Section 106, Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Quit notice - Sent by registered post at the proper address - Shall be deemed to be served in due course unless contrary is proved...........
Transfer of Property Act, 1882, Section 106, Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Quit notice - Sent by registered post at the proper address - Endorsement "not claimed/not met" - Amounts to deemed service in the absence of evidence to rebut the presumption of service which arises both on fact and law...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Must fulfill the conditions, viz. (i) it must be in writing; (ii) it must be signed by or on behalf of the person giving it; (iii) it must either be sent by post to the party who is intended to be bound by it; or (iv) it must be tendered or delivered personally to such party or to one of his family members or..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage with conditional sale or outright sale - Entire ownership, right, title and interest transferred - Conditions of S.58(c) of the Act not mentioned in the document - Defendant in possession of entire house except the ground floor in which plaintiff is tenant - Merely because rent-note was executed on the same day,..........
Transfer of Property Act, 1882, Section 123 -- Gift - Executant reserved right of residence - Not a reason to hold that document was to take effect only on the death of the donor/settlor...........
Transfer of Property Act, 1882, Section 123 -- Gift - Acceptance - Fact that possession had been given to the donee - Raises a presumption of acceptance - There may be various means to prove acceptance of a gift...........
