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Showing posts with label sale. Show all posts
Showing posts with label sale. Show all posts
Wednesday, 13 April 2022

Whether the power of attorney holder can sale immovable property without specific authorization in power of attorney?

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 But we do not agree with the above submissions of the learned counsel for the respondent. It remains a plain and simple fact that the deed ...
Sunday, 6 September 2020

Whether the court can declare a property free of Encumbrance even Against Will Of Encumbrancer?

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The provision in reference is Section 57 of the TP Act, which enables any party to the sale of immovable property burdened by an encumbran...
Thursday, 16 July 2020

Who is entitled to claim the title by adverse possession either person obtained possession under the invalid agreement of sale or invalid sale deed?

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In the case of an agreement of sale the party who obtains possession, acknowledges title of the vendor even though the agreement of sale m...
Monday, 1 June 2020

Whether the court can restrain wife restricted by will of her husband to dispose of property by the sale to dispose of it by gift?

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The Court while construing the clauses of a will  held that the interpretation has to be one which solemnly gives effect to the wishes of ...
Thursday, 27 June 2019

Whether mortgagee can take benefit of part performance if there is sale agreement between him and mortgagor?

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 The plaintiffs’ suit for redemption of mortgage of four properties was initially decreed by the learned trial Court. In appeal, the decr...
Monday, 12 June 2017

How difference between sale and agreement of sale will affect contractual obligation?

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The undisputed factual position is that the appellantbank has not released the mortgage. The possession of the mortgaged property has n...
Thursday, 25 May 2017

Leading judgment on basic concept of mortgage

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   It is important to remember that mortgage is a transfer of interest in specific immovable property towards “security for repaymen...
Saturday, 25 March 2017

Whether sale in violation of order of court is liable to be set aside?

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This Court further held that it is not open either a party to the lis or to any third party to determine at their own that an order passed...
Sunday, 8 January 2017

Whether incorrect description of property will vitiate sale transaction?

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These provisions show that the transfer of ownership of land involves transfer of full rights and interests of the vendor and there is ch...
Monday, 23 May 2016

What will be effect of consent decree on subsequent sale of suit property?

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Under the said consent decree, the decree holders had agreed to hand over possession of their plots to the Judgment Debtors. It was agre...
Thursday, 25 February 2016

Factors to be considered for determining validity of contract for sale of immovable property

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In the instant case while deciding the issue as to whether the agreement of 1967, allegedly executed by the defendants, can be enforced, th...
Tuesday, 26 January 2016

Whether the daughter can claim right in the immovable property if it was sold after coming in to force of Hindu Succession Amendment Act 2005?

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The plaintiffs themselves have produced Exs. P1 to 3, certified copies of the Sale Deeds dated 8.2.2002 executed in favour of defenda...
Tuesday, 22 September 2015

Whether storing an adulterated article of food for purpose other than sale would constitute offence under prevention of food adulteration Act?

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In "B. Govinda Rao and another v. V.N. Ashokan" 2003 (2) FAC 123, a Single Bench of Kerala  High Court dealt with a similar que...
Thursday, 16 July 2015

Whether English rules of conveyance shall prevail over concept of sale under transfer of property Act

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Mr. Mukherjee referred to Norton's On Deed and Prideaux's Forms and Presidence in Conveyancing. It is said in Norton's On Deed...
Friday, 27 March 2015

When market value of acquired land can be determined on the basis of average price paid under sale transactions?

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 Determination of Market Value on the basis of average price paid under sale transactions: For ascertaining the fair market value of the ...