March 2019

Transfer of Property Act, 1881, S.45-Joint Property-Extent of Share- Shares of the purchaser are to be determined by the proportion of sale amount respectively contributed by them and/or as mentioned in sale deed- -Mere mention of having equal shares in subsequently and accordingly executed documents like Will, mortgage and gift deed would be of no consequence

By | March 9th, 2019|Transfer of Property Act|

Comments Off on Transfer of Property Act, 1881, S.45-Joint Property-Extent of Share- Shares of the purchaser are to be determined by the proportion of sale amount respectively contributed by them and/or as mentioned in sale deed- -Mere mention of having equal shares in subsequently and accordingly executed documents like Will, mortgage and gift deed would be of no consequence

January 2019

December 2018

Transfer of Property Act, 1881–Exchange of Land—Plea of fraud—Once the document of exchange was a registered document and that even at the time of mutation no objection was raised, the appellant cannot now take the plea of fraud.

By | December 25th, 2018|Transfer of Property Act|

Comments Off on Transfer of Property Act, 1881–Exchange of Land—Plea of fraud—Once the document of exchange was a registered document and that even at the time of mutation no objection was raised, the appellant cannot now take the plea of fraud.

Transfer of Property Act, 1881-Oral Transfer-Concept of oral transfer is not applicable in Punjab since 1977—Consequently, any transfer which had to be made could only have been made by a registered document– A resolution followed by a mutation could not pass the title from the school in favour of any person.      

By | December 1st, 2018|Transfer of Property Act|

Comments Off on Transfer of Property Act, 1881-Oral Transfer-Concept of oral transfer is not applicable in Punjab since 1977—Consequently, any transfer which had to be made could only have been made by a registered document– A resolution followed by a mutation could not pass the title from the school in favour of any person.      

November 2018

Transfer of Property Act, 1882, S.55-Unpaid Sale Consideration—Suit for Recovery-Charge on property-Cheque was given towards sale consideration at the time of execution which was dishonored-No clause in sale deed that in case of dishonor of cheque sale deed would be treated as cancelled—Therefore, sale deed cannot be cancelled on mere non-payment of balance sale consideration

By | November 24th, 2018|Transfer of Property Act|

Comments Off on Transfer of Property Act, 1882, S.55-Unpaid Sale Consideration—Suit for Recovery-Charge on property-Cheque was given towards sale consideration at the time of execution which was dishonored-No clause in sale deed that in case of dishonor of cheque sale deed would be treated as cancelled—Therefore, sale deed cannot be cancelled on mere non-payment of balance sale consideration

Transfer of Property Act, 1881, S.60—Redemption of Mortgage—Usufructory Mortgage—The mortgage was a usufructuary mortgage with delivery of possession and there was no period prescribed for redemption of the mortgage- -In such case, the period of redemption does not begin to run till mortgagor requests for redemption and mortgagee refuses to redeem.    

By | November 23rd, 2018|Transfer of Property Act|

Comments Off on Transfer of Property Act, 1881, S.60—Redemption of Mortgage—Usufructory Mortgage—The mortgage was a usufructuary mortgage with delivery of possession and there was no period prescribed for redemption of the mortgage- -In such case, the period of redemption does not begin to run till mortgagor requests for redemption and mortgagee refuses to redeem.    

July 2018

Transfer of Property Act, 1881, S.41-Bona Fide Purchaser—Provision under Section 41 of the Transfer of Property Act is in the nature of an exception to the rule that a person cannot confer better title than he has—The said provision provides that a transfer shall not be voidable on the ground that the transferor was not authorized to make it where with the consent express or implied of the real owner, the transferor is the ostensible owner of such property and transfers the same for consideration

By | July 2nd, 2018|Transfer of Property Act|

Comments Off on Transfer of Property Act, 1881, S.41-Bona Fide Purchaser—Provision under Section 41 of the Transfer of Property Act is in the nature of an exception to the rule that a person cannot confer better title than he has—The said provision provides that a transfer shall not be voidable on the ground that the transferor was not authorized to make it where with the consent express or implied of the real owner, the transferor is the ostensible owner of such property and transfers the same for consideration

April 2018

October 2017

June 2017

Transfer of Property Act, 1882, S.117-Applicability to Agricultural lands– In view of Section 117 of Transfer of Property Act none of the provisions of this Chapter apply to lease for agricultural purposes except insofar as State Government may by notification published in the Official Gazette declare all or any of such provisions to be so applicable.

By | June 21st, 2017|Transfer of Property Act|

Comments Off on Transfer of Property Act, 1882, S.117-Applicability to Agricultural lands– In view of Section 117 of Transfer of Property Act none of the provisions of this Chapter apply to lease for agricultural purposes except insofar as State Government may by notification published in the Official Gazette declare all or any of such provisions to be so applicable.

Transfer of Property Act, 1882, S/106–Notice–Provisions of S.106 TPA are not applicable in the State of Punjab, however only equitable principles are applicable in the State of Punjab.

By | June 11th, 2017|Transfer of Property Act|

Comments Off on Transfer of Property Act, 1882, S/106–Notice–Provisions of S.106 TPA are not applicable in the State of Punjab, however only equitable principles are applicable in the State of Punjab.

May 2017

February 2017

January 2017

December 2016