Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deeds - Specific condition that basic amenities would be provided to parent need not be incorporated in transfer deeds - It is deemed to be read into it...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deeds - Property of senior citizen - Mother executed two transfer deeds in favour of her daughter/petitioner - However, after transfer deeds having been executed, mother was left with no option but to leave village and to stay with her son - Specific averments in the..........
Hindu Minority and Guardianship Act, 1956, Section 8(3) -- Transfer of property by natural guardian of minor by a registered sale deed in contravention of S.8 of the Act - Alienation made on behalf of minor can be avoided by minor or any person claiming under him - In event, minor dies before attaining majority, obviously, his legal heirs will have right to avoid..........
Transfer of Property Act, 1882, Section 19 -- Vested right - Father of minor was given life interest under Will and after his death minor was to get a right - Life estate followed by absolute right created by Will - Absolute right bequeathed in favour of minor became vested in him upon death of his grandfather who executed Will...........
Transfer of Property Act, 1882, Section 54 -- Sale - Payment of part of consideration would be sufficient to constitute a complete sale - If any balance sale consideration is due, remedy is to sue for getting back balance sale consideration within period of limitation - Contention that only part of sale consideration is paid, there is thus, no valid consideration for..........
Hindu Minority and Guardianship Act, 1956, Section 8(3) -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority without seeking relief to set aside document of alienation - Limitation - Relief to set aside transaction forms an integral part of option available u/s..........
Registration Act, 1908, Section 17 -- Registration - Decree acknowledging family settlement - Does not result in transfer of immovable property worth more than Rs.100 and does not require registration...........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition u/s 9 of Hindu Marriage Act - Wife sought transfer of said petition from Kathua to Jammu, as place where petition is filed by husband is about 80 kms away from her residence - Moreover, wife has two small children and she has no source of income - Wife also has an old mother and that she is suffering from..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Expression `Transfer of property' used in S.23(1) of the Act, would include even permission to occupy property of a senior citizen as same would tantamount to creating an interest in immovable property...........
Transfer of Property Act, 1882, Section 54, 55(4)(b) -- Sale - Recovery of unpaid consideration - Part of amount paid and balance consideration promised to be paid - Seller has legal recourse u/s 55(4)(b) of the Act for amount unpaid and interest on such amount - Merely because it is not so specifically mentioned in sale deed, it does not take away right of seller to..........
