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Search Results Judgments > Act:transfer of property

Mar 31 1999

Murlidhar s/o Bhima Vaidya & Another Vs. Nababbi Yousufkhan, deceased ...

  • Decided on : 31-Mar-1999

Court : Mumbai

Reported in : 1999(4)ALLMR683; 2000(1)BomCR670; (2000)2BOMLR891

... decree in the suit was binding on the transferee to whom the property in question was transferred pending the suit.The Transfer of Property (Bombay Provision for Uniformity and Amendment) Act, 57 of 1959 also did not apply. By that Act, amongst other things, uniformity in the provisions of the Transfer of Property Act as amended in its application to the State of Bombay ... clear that this transfer was during the pendency of the execution proceedings. Under section 52 of the Transfer of Property Act it is provided that: During the active prosecution, in any Court having authority in British India.. of a contentious suit or proceeding in which any right to immovable property is directly and specifically in question the property cannot be transferred or otherwise dealt ... the Darkhast if there had been no transfer. If the mere fact of the transfer were accepted as a ground for disallowing his application for execution, it would mean that the transfer is allowed to affect the rights of the plaintiff, which would be contrary to the provisions of section 52 of the Transfer of Property Act.It has been urged on behalf ... against them and so also against the transferees from the legal representatives, under section 52 of the Transfer of Property Act. On the same principle viz, that they are bound by the result of the execution proceedings under section 52 of the Transfer of Property Act, the transferees from the original judgment debtor during the pendency of execution proceedings against him can ...

Aug 14 1969

Dr. Harumal and Ors. Vs. Smt. Sahjadi Bibi

  • Decided on : 14-Aug-1969

Court : Rajasthan

Reported in : 1969()WLN429

... Section 109 of the Transfer of Property Act, which clearly lays down that if the lessor transfers the property leased, or any part of interest therein, the transferee, in the absence of contract to the contrary, shall possess all the rights, and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part transferred. It further lays ... the transfer of property in her favour possesses only those rights which were possessed earlier by the Custodian of Evacuee Property and was subject to all those liabilities to which the Custodian of Evacuee Property was subject before the transfer. Therefore, if the plaintiff wanted to terminate the tenancy, she should have given the notice according to the contract between the Custodian of Evacuee Property on ... by the respondent to the appellants thus did not expire with the end of the month of tenancy as required under Section 106 of the Transfer of Property Act and consequently if Section 106 of the Transfer of Property Act applies to the present case, there is no escape from the conclusion that the notice given by the plaintiff-respondent for terminating the ... tenants at will of the Custodian of Evacuee Property and, therefore, it was not necessary for the Custodian to give notice as required by Section 106 of the Transfer of Property Act. If this is so, then the plaintiff is also not required to give a notice strictly according to Section 106 of the Transfer of Property Act as she has only stepped into ...

May 26 2004

Sher-i-Kashmir National Medical Institute Trust Vs. State of J and K a ...

  • Decided on : 26-May-2004

Court : Jammu and Kashmir

... made only on lease basis, nevertheless the Government can grant, or transfer property or any interest therein in any other recognised mode, say even a gift. But Section 10 does not authorise, permit or empower the Government to make such grant or transfer of property or any interest therein other than lease to a non-permanent ... not precluded from making any grant or other transfer of land or any interest therein other than a lease under the Act. In other words, though, under Land Grants Act, primarily grant of land can be made only on lease basis, nevertheless the Government can grant, or transfer property or any interest therein in any other ... Transfer of Property Act, including Section 138 thereof, which provides that no transfer of immovable property shall be valid unless and until it is in writing and the instrument of transfer is registered. Clause (c) of Section 140 of the Transfer of Property Act does not prescribe the mode of transfer. The mode of transfer is provided by other provisions of the Transfer of Property Act, depending upon the nature of transfer ... Transfer of Property Act does not prescribe the mode of transfer. The mode of transfer is provided by other provisions of the Transfer of Property Act, depending upon the nature of transfer such as sale, gift, lease, mortgage. 80. Admittedly, the 1978 order has been issued in exercise of powers conferred by clause (c) of Section 140 of the Transfer of Property Act, 1977 Smvt, seeking to transfer the properties ...

Sep 02 2008

Francis Castellino and Essar Shipping Limited Vs. R.C. Coastal Exports ...

  • Decided on : 02-Sep-2008

Court : Mumbai

Reported in : 2008(6)ALLMR120; 2008(5)BomCR519; (2008)110BOMLR2863

... reasoning that a transfer must be a transfer of an immovable property by an owner to someone else. There cannot be a transfer to oneself because such a transfer is meaningless. It would not bring a change in the character of ownership of the property and, therefore, would not be a transfer.20. These observations are made after considering Section 5 of the Transfer of Property Act in ... the Transfer of Properties Act, it was held that a transfer (lease) of immovable property executed by coowners of the property in favour of one of them was valid though a contract between a person with himself and others is not valid under Section 10 of the Indian Contract Act. The Supreme Court considered that under Section 5 of the Transfer of Property Act, a transfer of property ... an immovable property by an owner to himself.19. This is based upon the reasoning that a transfer must be a transfer of an immovable property by an owner to someone else. There cannot be a transfer to oneself because such a transfer is meaningless. It would not bring a change in the character of ownership of the property and, therefore, would not be a transfer.20. ... property cannot also exchange one property of his with another and lastly except in cases of trust, there cannot be a gift of an immovable property by an owner to himself.19. This is based upon the reasoning that a transfer must be a transfer of an immovable property by an owner to someone else. There cannot be a transfer to oneself because such a transfer ...

Mar 05 1984

Amrao Singh and Ors. Vs. Santan Dharam Sabha, Chandigarh

  • Decided on : 05-Mar-1984

Court : Punjab and Haryana

Reported in : AIR1985P& H195

... advantage of the same under section 53A of the Transfer of Property Act. The objection of the respondent's counsel is that the appellants being plaintiffs are not entitled to invoke the provisions of Section 53A of the Transfer of Property Act. To meet this objection the appellants' counsel ... Transfer of Property Act to my mind is not permissible. The case of Achayya (Supra) was noticed in Motilal v. Jaswant Singh, Air 1964 Raj 11, and the view taken was not approved. In this judgment it was held that Section 53A of the Transfer of Property Act ... Transfer of Property Act. The plaintiff instituted a suit against the subsequent purchaser of the house for an injunction restraining him from demolishing the house or otherwise interfering with his right as lessee. It was held that although the lease was defective and inoperative, the provisions of section 53A of the Transfer of Property ... Transfer of Property Act as they could not ask for the relief of declaration for the obvious reasons that the title did not pass to them. The decision in Probodh Kumar's case (Supra) is clearly relevant to the instant case. In order to give benefit of Section 53A of the Transfer of Property ... Transfer of Property Act. To meet this objection the appellants' counsel relied upon Ram Chander v. Maharaj Kunwar AIR 1939 All 611. In that case the plaintiff was lessee of a house under registered lease which was defective as it was not signed by both the parties as required by Section 107 of the Transfer of Property ...

Jul 04 2006

Divisional Traffic Officer KSRTC, Mysore Division Vs. K. Ramaiah and O ...

  • Decided on : 04-Jul-2006

Court : Karnataka

Reported in : 2007(4)KarLJ481

... the tenants, even after termination of the tenancy, continued as tenants by holding over as per Section 116 of the Transfer of Property Act and that the tenancy of the respondents has not been determined as per Section 106 of the Transfer of Property Act and as such, the initiation of the proceedings under the provisions of the Act is not valid. The learned ... of the grounds and even the grounds mentioned in the notice are not in accordance with the provisions of the Transfer of Property Act and also under the provisions of the Act.10. Further, counsel for the 3rd respondent submitted that this property has been allotted to him by the Rent Controller and no such notice is prescribed under the Karnataka Rent Control ... virtue of efflux of time. Further, since these respondents - allottees are claiming as tenants, notices were issued to them determining the tenancy as required under Section 106 of the Transfer of property Act. After determination of the tenancy, petitioner filed a complaint before the 7th respondent who is the competent officer of the KSRTC alleging unauthorised occupation of the shop premises mentioned ... 27.4.1992, the petitioner went on accepting the rentals and as such, it amounts to waiver of notice on termination of tenancy. As per Section 113 of the Transfer of Property Act the respondents are tenants by holding over' and submitted further that the conduct of the petitioner in moving for settlement with the respondents amounted to waiver of notice of ...

Jan 29 1952

Debi Singh and Ors. Vs. Jagdish Saran Singh and Ors.

  • Decided on : 29-Jan-1952

Court : Allahabad

Reported in : AIR1952All716

... precedent of the said transaction. As to the second condition it is again significant that the Legislature has not used the words 'transferred property' but has used the words 'mortgaged property' which according to Clause (a) would be the immovable property transferred for the purpose of or with the intention of securing the payment of money. As regards the third condition mentioned above, ... is meant by 'mortgaged property', and it is not permissible to do what I think Mr. Seshachariar's argument really tends to namely, to scratch out the word 'mortgagor' and insert 'transferor' and scratch out the word 'mortgaged' and insert 'transferred.' If that could be done, we should get the language, 'where the transferor ostensibly sells the transferred property', and some argument ... that the section assumes that these conditions will only apply where there is, in fact a mortgagor and where there is in fact a mortgaged property and we cannot transliterate them into 'transferor' and 'transferred property.' It necessarily follows, therefore, that what the sub-section is doing is not so much defining the circumstances that create a mortgage as providing that, ... the transferred property', and some argument might then be based on the fact that the nature of the transaction was already stated but we must give weight to these two words with the result that the section assumes that these conditions will only apply where there is, in fact a mortgagor and where there is in fact a mortgaged property and ...

Oct 18 1982

Sushilabehn and Ors. Vs. Anandilal Bapalal and Ors.

  • Decided on : 18-Oct-1982

Court : Gujarat

Reported in : AIR1983Guj126; (1983)1GLR278

... of the property allotted to individual coparceners they, in substance, renounce their right in respect of the other properties they get exclusive title to the properties allotted to them and as a consequence, they renounce their undefined right in respect of the rest of the property. The process of partition, therefore, involves the transfer of joint enjoyment of the properties by ... of the other properties they get exclusive title to the properties allotted to them and as a consequence, they renounce their undefined right in respect of the rest of the property. The process of partition, therefore, involves the transfer of joint enjoyment of the properties by all the coparceners into an enjoyment in severally by them of the respective properties allotted ... the property. The process of partition, therefore, involves the transfer of joint enjoyment of the properties by all the coparceners into an enjoyment in severally by them of the respective properties allotted to their shares, Having regard to this basic character of joint Hindu family property, it cannot be denied that each coparcener has an antecedent title to the said property, ... property on partition is constituted the sole owner of that property and he acquires in that particular property not only his own share, right title and interest therein which he erstwhile enjoyed but also the shares, right, title and interest of the other co-owners or co-sharers of his in that property. This certainly would be a transfer of property ...

Nov 04 2010

Mahibuddin Laskar Vs. Abdul Matin Laskar.

  • Decided on : 04-Nov-2010

Court : Guwahati

... transfer of property Act. No condition was incorporated in the sale deed relating to the transfer of the suit property and the transfer was not a conditional one nor it is a case of mortgage by way of conditional sale as defined under Section 58(c ) of he Transfer of Property Act. The claim for re-transfer of the transferred property ... Transfer of Property Act. The claim for re-transfer of the transferred property by the transferee in the event of payment of the consideration money is not permissible in case when sale transaction is absolute as in the present cases. Sale is a transfer of ownership in exchange for aprice in terms of Section 54 of the Transfer of Property ... basis of the condition mentioned in the agreement Vide Exbt. 1 and the same being repugnant to the principle contained inspection 11 of the Transfer of Property Act. 9. It is submitted by Mr. Choudhury that the aforesaid plea has not been raised in the written statement nor any issue ... plaintiff that the Exbt. 'A' is not a sale deed of the type of conditional sale as defined under Section 58 ( c) of the Transfer of Property Act. 10. In view of the above discussion, the second substantial question of law is not required to be dealt with. 11. In ... the defendant was entitled to enjoy the suit property for a period of 5(five) years and thereafter within 15 years in the event the plaintiff returns the consideration money of Rs. 5,000/- the defendants would be required to re-transfer the suit land in favour of the plaintiff ...

Feb 12 1968

Oriental Fire & General Insurance Co. Ltd. Vs. American President Line ...

  • Decided on : 12-Feb-1968

Court : Mumbai

Reported in : (1968)70BOMLR487; [1968]38CompCas294(Bom)

... been interpreted in England. The preamble to the Transfer of Property Act makes the Act applicable to transfers of property by acts of parties. Chapter II of the Act has the Chapter heading 'Of transfers of property by act of parties'. Section 5 in Chapter II defines 'transfer of property' as 'an act by which a living person conveys property to one or more other living persons'. ... applicable to transfers of property by acts of parties. Chapter II of the Act has the Chapter heading 'Of transfers of property by act of parties'. Section 5 in Chapter II defines 'transfer of property' as 'an act by which a living person conveys property to one or more other living persons'. Section 6, which also occurs in Chapter II, states what may be transferred. Section ... Section 91 of the Transfer of Property Act confers on an interested person, surety or creditor not only a right to redeem the property, but also the right to sue for redemption. Section 92 of the Transfer of Property Act confers on such a person right of subrogation. The difference between subrogation under section 92 and section 135A of the Transfer of Property Act is that ... for partial loss or damage to the goods. This depends on the interpretation of section 135A of the Transfer of Property Act, which is applicable to the suit transaction. Sections 130A and 135A were inserted in the Transfer of Property Act by the Transfer of Property (Amendment) Act (6 of 1944) and have since been repealed by the Marine Insurance Act (9 of 1963) ...

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