Transfer of Property Act, 1882, Section 60 -- Mortgage deed in favour of lessee - Redemption - Survival of leasehold rights - Nothing on record to show that leasehold arrangement which was being enjoyed by defendant had been surrendered either expressly or impliedly and it put to an end to leasehold arrangement between parties and also the character of defendant -..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Mortgage property cannot be redeemed on payment of a part of the mortgage money - However, only exception is when a mortgagee has acquired, in whole or in part, share of a mortgagor...........
Court Fees Act, 1870, Article 17(iii) -- Court fees - Suit for declaration that transfer deed is null and void - Plea that no consideration had passed at the time of execution of transfer deed and that transfer deed was a result of fraud and mis representation - Relief of possession not sought - Petitioner is required to affix fixed court fee under article 17(iii) of the..........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be acted upon by parties as..........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Execution of gift deed of joint family property without giving physical possession to donee, is not valid as same is not acted upon by parties...........
Transfer of Property Act, 1882, Section 10 -- Condition restraining sale - Partition deed - S.10 of Act does not apply in the case of partition - However, it cannot be said that any condition or limitation absolutely restraining the sharers in a partition deed from parting with or disposing of their rights in the properties will be valid - As though the S.10 of Act may not..........
Transfer of Property Act, 1882, Section 123 -- Gift - deed executed by wife of a Hindu male dying intestate belonging to Mitakshara, in respect of separate property of her husband exclusively to her daughters is void as such property devolves by succession in favour of Class-I heirs of Hindu male u/s 8 of Hindu Succession Act...........
Specific Relief Act, 1963, Section 19(b) -- Specific performance - Bona fide purchasers in good faith - There is neither any pleading nor any evidence on record that defendants were bona fide purchasers - Plaintiff on the other hand specifically averred and proved that he was put in possession of entire property by way of part performance of contract on the date of..........
Transfer of Property Act, 1882, Section 123 -- Cancellation of gift deed - Joint family property - Plea of fraud - Defendant and his witnesses have not substantiated the case of partition and valid execution of gift deed in question by plaintiff out of his free will and consent - No explanation for presentation of gift deed for registration on commission if the plaintiff..........
Co-owner/Co-sharer -- Alienation - A joint owner/co-owner has an inherent right to alienate the joint property, limited to the extent and the nature of his share holding - Such transfer is only of such rights as vest in him - Vendee receives the property so transferred with all the rights and liabilities that vested in his vendor, namely, a right to assert a community of..........
