Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Void transfer - Application has been filed by petitioner in order to avoid a document by which title of property has been transferred without filling suit for declaration in Civil Court - Petition dismissed...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Void transfer - All that has to be proved by senior citizen/parent that he/she had transferred title of property to other party with condition that said party shall provide basic amenities and basic physical needs and has to prove that said party has refused or failed to provide such..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Void transfer - Parents/senior citizen is required to prove that transfer of property has been made after commencement of Act meaning thereby any transfer of property prior to commencement of Act cannot be avoided by filing an application u/S.23(1) of Act...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Mere presumption or possible apprehensions - Not sufficient for seeking transfer - Transfer can only be ordered on good and sufficient grounds...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Merely because sale deed was not given effect in the revenue record, same does not extinguish right of purchaser...........
Maintenance and Welfare of Parents and Senior Citizen Act, 2007, Section 23 -- Transfer of property by senior citizen - Failure to provide basis amenities by the transferee - For declaring deed of transfer to be void it is not the legislative requirement that providing basic amenities and physical needs to the transferor should have been mentioned in the deed of transfer -..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Where executant of sale deed wants it to be annulled, he has to seek cancellation of deed - If no, executant seeks annulment of sale deed, he has to seek a declaration that deed is invalid, or no, est, or illegal or that it is not binding on him...........
Transfer of Property Act, 1882, Section 43 -- Benefit of S.43 of the Act - Suit for declaration - Plaintiff claimed to be owner of whole of suit property by way of sale deed executed by defendant - Defendant on the other hand contended that he had only sold half share in suit property, as other half share belonged to his sister - No evidence on record that defendant had..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer deed in favour of son and grandsons - Set aside - Challenged on technical ground that proper procedure prescribed u/s 23 of the Act is not followed - This technical plea is wholly misplaced owing to the objects and reasons of the Act and with a view to achieve the laudable object of..........
Civil Procedure Code, 1908, Section 114, Constitution of India, 1950, Article 136, 215 -- Review - Transfer of share by member of one group to another group of company - Company Law Board upheld validity of such transfer - Appeal filed against order of CLB - High Court instead of confirming validity of such transfer, interfered with whole resolution and invalidated other..........
