Transfer of Property Act, 1882, Section 54 -- Sale - Stamp duty - Ordinarily transferee pays the stamp duty...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage with conditional sale - Distinction between mortgage by way of conditional sale and a sale with condition of repurchase - In the former debt subsists and a right to redeem remains with the debtor but in case of the latter the transaction does not evidence an arrangement of lending and borrowing and thus right to..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Mortgage by conditional sale and sale with condition of purchase - Distinction - i) In mortgage by way of conditional sale debt subsists and right to redeem remains with debtor/mortgagor but in case of sale with a condition to repurchase no debt subsists and no right to redeem is reserved, as it is not a lending or..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Ingredients - Transaction must be an ostensible sale and evidenced by one document - Must contain condition that on default of payment of mortgage money on certain date, the sale shall become absolute or on payment of such money the sale shall become void or on payment of such money buyer shall..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Property mortgaged - Sold to plaintiff with a right to redeem the mortgage - Suit for redemption & mesne profit - Defendant contending that instrument in his favour is a deed of sale with a condition of purchase - Decreed by trial Court holding instrument to be a mortgage with conditional sale..........
Transfer of Property Act, 1882, Section 53A -- Part performance - For applicability of the provision conditions required are: (1) There must be a contract to transfer for consideration of any immovable property; (2) The contract must be in writing, signed by the transferor, or by someone on his behalf; (3) The writing must be in such words from which the terms necessary to..........
Transfer of Property Act, 1882, Section 53A -- Part performance - If defendant complies with the necessary ingredients of the provision of S.53-A TPA then law of limitation does not come in his way to protect his possession of suit property...........
Civil Procedure Code, 1908, Order 34, Rule 1, Transfer of Property Act, 1882, Section 60 -- Redemption of mortgagor - Death of mortgagor - Property succeeded by more than one legal representatives - Any one of them can seek redemption - Suit not bad for non-joinder of other successors/mortgagors...........
Transfer of Property Act, 1882, Section 105 -- Lease or licence - To ascertain whether a document creates a licence or lease (1) the substance of the document must be preferred to the form; (2) the real test is the intention of the parties whether they intended to create a lease or a licence; (3) if the document creates an interest in the property, it is a lease; but, if..........
Transfer of Property Act, 1882, Section 60, 62, Limitation Act, 1963, Article 61 -- Limitation for redemption of usufructuary mortgage - 'Whether the right to seek redemption would arise on the date of mortgage itself in case of usufructuary mortgage when no time limit is fixed to seek redemption' ? Matter referred to DB. Editorial Note - Also see Harbans vs. Om Parkash &..........
