Transfer of Property Act 1882- Section 126 –The gift validly made can be suspended or revoked under certain contingencies but ordinarily it cannot be revoked, more particularly when no such right is reserved under the gift deed. – Section 126 of the Act is drafted in a peculiar way in the sense that it contains …
Transfer of Property Act,1882- Section 52,41- Once it has been held that the transactions are illegal due to the doctrine of lis pendens, the defence that they are bona fide purchasers for valuable consideration and thus, entitled to protection under Section 41 is liable to be rejected. (Para 14) – the doctrine of lis pendens …
Transfer of Property Act,1882- Section 54– A minor can be a transferee though not a transferor of immovable property- Though an agreement to sell is a contract of sale, a sale cannot be said to be a contract. Sale, going by the definition, is a transfer of ownership in exchange for a price paid or …
Transfer Of Property Act, 1882; Section 41 – A plain reading of the above provision clearly requires the consent, be it express or implied, of the persons interested in the immovable property -Further the proviso to section 41 of the TP Act requires that the transferees to take reasonable care in ascertaining that the transferor …
Duni Chand vs Vikram Singh 2024 INSC 516 – S 41 TP Act Read More »
Transfer of Property Act,1881; Section 52– The doctrine of lis pendens as provided under Section 52 of the Act does not render all transfers pendente lite to be void ab-initio, it merely renders rights arising from such transfers as subservient to the rights of the parties to the pending litigation and subject to any direction …
Doctrine of bona fide purchaser –The doctrine of bona fide purchaser for value applies in situations where the seller appears to have some semblance of legitimate ownership rights. However, this principle does not protect a subsequent purchaser if the vendor had already transferred those rights through a prior sale deed. In a case where the …
Code Of Civil Procedure, 1908; Order XXIII Rule 3- For a valid compromise in a suit there has to be a lawful agreement or compromise in writing and signed by the parties which would then require it to be proved to the satisfaction of the Court. In the absence of any document in writing, the …
Amro Devi vs Julfi Ram (D) 2024 INSC 527 – Order XXIII Rule 3 CPC – Lis Pendens Read More »
Transfer of Property Act, 1882; Section 52- Doctrine of lis pendens- Object underlying the doctrine of lis pendens is for maintaining status quo that cannot be affected by an act of any party in a pending litigation. The objective is also to prevent multiple proceedings by parties in different forums. The principle is based on …
Chander Bhan (D) vs Mukhtiar Singh 2024 INSC 377 – Lis Pendens – TP Act Read More »
Transfer of Property – If a document seeking to convey immovable property ex-facie reveals that the conveyer does not have the title over the same, specific declaration that the document is invalid would not be necessary. The Court can examine the title in the event any party to the proceeding sets up this defence. (Para …
Section 54 of the Transfer of Property Act defines a “Sale “: Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. This provision makes it clear that a sale of an immovable property has to be for a price. The price may be payable in future. …
Sale Deed Executed With A Promise To Pay Price In Future Read More »