Court : Supreme Court of India
Reported in : 1996VIIIAD(SC)68; AIR1997SC53; JT1996(9)SC401; 1996(7)SCALE671; (1997)1SCC496; Supp7SCR513
..... transferor on the appointed day. it is obvious that an agreement to sell creates on interest in land. as per section 54 of the transfer of property act, the property in the land gets conveyed only by registered sale deed. it is not in dispute that the lands sought to be covered were having value ..... rival contentions we find that the high court with respect had patently erred in taking the view that because of section 53-a of the transfer of property act the proposed transferees of the land had acquired an interest in the lands which would result in exclusion of these lands form the computation ..... to be comprised of the holding of respondent no. 3 on the appointed day as the transferees were protected by section 53-a of the transfer of property act. accordingly the learned single judge of the high court agreed with the reasoning of the appellate authority and dismissed the writ petition. it is ..... not be included within the permissible ceiling limit of lands held by the tenure-holder as the transferees were protected by section 53-a of the transfer of property act. these lands, therefore, could not be said to be possessed and held by respondent no. 3 on the appointed day and were liable ..... lands would not get divested from the vendor and would remain in his ownership. there is no dispute on this aspect. however, strong reliance was placed by learned counsel for respondent no. 3 on section 53-a of the transfer of property act. we fail to appreciate how that section can at all be relevant .....Tag this Judgment!
Court : Delhi
Reported in : 33ITD117(Delhi)
..... who is allowed to take or retain possession of any building or part thereof in part performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882 (4 of 1882), shall be deemed to be the owner of that building or part thereof.'it may also be relevant to quote section 53a of the ..... handing over of the possession is in certain circumstances sufficient to attract the provisions of section 53a of the transfer of property act. thus, where in a case, the property is transferred without registered instrument of sale the owner of the property would be assessable to tax in respect of the ..... .3. the revenue being aggrieved is in appeal before us. the learned departmental representative shri rajender kumar contended that since the property was not transferred in favor of the vendees by means of registered document, the vendors continued to own the property in the assessable in their hands. he, heavily relied upon the decision of the hon'ble delhi court in the case ..... not been transferred to the vendees. the hon'ble delhi high court has taken a consistent view in number of decisions giving a strict interpretation to the word owner and pointed out that the execution of an agreement of sale coupled with the possession would not be sufficient to confer on the proposed transferee the right of ownership of the property even if .....Tag this Judgment!
Court : Delhi
Reported in : ILR1992Delhi540
..... behalf of mahajans it has been contended that even if the submissions made on behalf of the plaintiff are accepted, even then mahajans can only be directed to transfer the ownership of the suit property to the plaintiff but they shall not be obliged to deliver possession. reliance is placed in this respect on the case of durga prasad and another v. deep ..... to achieve the main objects. thereforee, my conclusion is that the nature of agreement between the parties is that it is a contract for transfer of the ownership of immovable property by co-owners tothe plaintiff (clause 9) and transfer of 35% of the multi-storeyed building to the defendants, to be constructed by the plaintiff simultaneously, each forming consideration for the other which ..... vests under the sale deed dated 30-10-1987, shall within one month from the date of allotment execute and get registered a deed of transfer of ownership of the suit property in favor of the plaintiff. the other defendants shall also join in the execution of the sale deed. the plaintiff shall deliver possession of the 35 per cent of the ..... ram kisto mandal and another v. dhan kisto mandal : 1scr342. it held,under section 118, transfer of property act, atransaction is exchange when two persons mutually transfer the ownership of one thing for the ownership of another provided it is not an exchange of money only. a transfer of property in completion of an exchange can be made only in the manner provided for the transter .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1957All94
..... fact that a waqf has been created for the purposes which are considered by the mohammedan law to be religious and charitable it is implied that the waqif has transferred the ownership of waqf property in perpetuity to god almighty.28. the question whether the waqf is invalid because the waqif has reserved to himself the power to spend the income of the ..... descendants of the waqif, such a gift would be implied by the mere fact that a waqf had been created.is the waqf in suit bad because it does not transfer the ownership of the property to god?27. it is indeed true that there is no express mention in the deed of waqf that the corpus of the ..... effect subject to any limited interests--vide nawazish ali khan v. ali baza khan .consistently with the above conception of property, a waqf is, according to abu yusuf, whose opinion has been accepted in india in this matter, an absolute transfer of ownership from the waqif to god almighty for the purpose that its usufruct shall be applied to purposes recognised by mohammedan ..... is for this reason that the corpus of the property in a waqf according to abu yasuf, vests in the ownership of god. this view is supported by the opinion of sir shah sulaiman, who sitting with kendall, j. held that a dedication in favour of god is 'a transfer governed by the transfer of property act as god is a juristic person'--ahmad husain .....Tag this Judgment!
Court : Delhi
Reported in : 2002IVAD(Delhi)453; 97(2002)DLT564; 2002(63)DRJ7
..... available on record, thereforee, this conclusion of the trial court cannot be sustained. the same is accordingly set aside.24. having held that respondent/plaintiff failed to establish his ownership and transfer of property in his favor, thereforee, trial court not have decreed the suit of possession and damages in favor of the respondent/plaintiff. the suit ought to have been dismissed on ..... .pw-4/1 dated 27th july, 1961 was issued in his favor by which the title in the property was transferred to him.7. after the service of the notice the appellant appeared. he came to know from that suit that respondent/ plaintiff was claiming ownership of the shop. he challenged the sale of the shop in question before the settlement commissioner, inter ..... /plaintiff who miserably failed to establish that he was lawful owner of the property in question or that he legally purchased the shop in question or that eh property stood transferred in his name in the record of the government of india. the observation of the learned trial court that ownership of plaintiff/respondent stood proved is on the face of it erroneous and ..... he deposited the earnest money on 8th february, 1961. hence, on the basis of invalid tender property in question could not have been transferred to the plaintiff/respondent. in fact by the testimony of s.b.lal (pw-4) plaintiff/ respondent failed to prove his title and/or ownership by any legal, valid and cogent evidence. even plaintiff/respondent's conduct makes his .....Tag this Judgment!
Court : Chennai
Reported in : AIR1930Mad84
..... to say that by having taken possession under the agreement the appellant has acquired not only equitable rights but a good equitable title to the property only inferior to a full title of ownership under the transfer of property act, and this equitable title has been recognized in india and various cases are quoted to substantiate this proposition. i confess i had always understood ..... . ex hypothesi the 'trustee,' whether he be the party to the contract to sell or a transferee with notice, remains legal owner of the property. there has been no transfer of ownership, '-if there had been such a transfer, not even a subsequent transferee without notice would be protected. it is clear that the party in possession has no legal title, only the rights ..... in the most explicit terms.38. so too in lalchand v. lakshman  28 bom, 466 it was held that the circumstance that the transfer of property act says that no title of ownership can be created to immovable property of value rs. 100 and upwards otherwise than by a registered conveyance:excludes all considerations of equity based on part or whole performance, and ..... the course which the reasoning takes there.33. according to section 54, t.p. act, sale is a transfer of ownership in exchange for a price paid or promised or part paid and part promised, and such a transfer in the case of immovable property of the value of one hundred rupees and upwards can be made only by a registered instrument; a contract .....Tag this Judgment!
Court : Mumbai
Reported in : (1937)39BOMLR633
..... trustee to whom, is entrusted the duty to manage and control the property of others, even though the ownership of the property is not transferred to him. a trustee in the legal sense of the word is one in whom the trust property is absolutely vested. see peary mohan mukerji v. monohar mukerji in which ..... , a trustee, shortly put, is a person who accepts a confidence which gives rise to an obligation annexed to the ownership of property. a trust is thus annexed to the ownership of property. it may be an express trust by reason of the act and intention of the parties, or it may arise by ..... were or are 'trustees' as alleged. under section 3 of the indian trusts act a 'trust' is denned as an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another, or ..... trustees' cannot make the defendants trustees in the legal sense, unless they can show that they have got the legal ownership of the immoveable properties. without a transfer their title is inchoate. a trust is not complete until the trust property is vested in trustees for the benefit of the cestui que trust : see mulla's ..... trustee, properly so called, for he holds the legal ownership; and under section 12 of the indian trusts act it is incumbent upon him to obtain, where necessary, a transfer of the trust property to himself. as a general rule a transfer of property to the trustee is one of the conditions necessary for a .....Tag this Judgment!
Court : Mumbai
Reported in : 2000CriLJ4224
..... the matter of registration of vehicle in the name of respondent no. 2 without any legitimate right, i would like to mention that the vehicle is movable property and, therefore, the transfer of ownership of moveable property will necessarily be governed by the provisions of the sale of goods act. after having received the full consideration of the vehicle and after having delivered the ..... the case of kishan pandurang kagde 1977 mah lj 656 (cited supra). the division bench of our high court has held that the transfer of ownership does not flow from and does not depend on transfer of registration. the transfer of ownership takes place from the date of sale and not from the date on which name of transferee is recorded. moreover, our high court ..... singh 1977 mh lj 656. he brings to my notice that the division bench of this court has held that the transfer of ownership of vehicle will by governed by the provisions of sale of goods act and, therefore, the transfer of ownership takes place immediately from the date of sale of the vehicle. shri bade patil, learned counsel has also relied upon the ..... vehicle. he also obtained 'no objection certificate' from the present petitioner to enable him to get the vehicle transferred in his name from the office of regional transport officer. he obtained signatures of the present petitioner on transfer of ownership form. he submitted all the relevant papers to the regional transport officer for the purpose of registration of the vehicle in his name .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1971SC1594; (1971)3SCC265; SuppSCR245; 1971(III)LC520(SC)
..... may result to the respondents owing to the change of sovereignty they cannot claim compensation for the simple reason that there has been no transfer of the ownership of their property to the state namely the union of india which would attract the applicability of article 31(2).11. the appeal, therefore, succeeds and ..... no. 12 pursuant to the indo-pakistan treaty 1958. the view of the high court that the cession of the said territory involves transfer of the ownership and other private property rights to pakistan through the union of india which was outside clause (2a) of article 31 and was covered by clause (2) ..... of the berubari union no. 12 shall be ceded to pakistan can by no stretch of reasoning be regarded as a transfer of the ownership or right to possession of any property of the respondents to the state within the meaning of article 12 of the constitution. the amendment of 1955 makes it ..... 2) will not apply to such law.it is therefore essential that in order to constitute acquisition or requisitioning there must be transfer of the ownership or right to possession of any property to the state or to a corporation owned or controlled by the state. article 12 provides that in part iii (in which ..... the ground that the compensation provided by that law is not adequate.'(2a) where a law does not provide for the transfer of the ownership or right to possession of any property to the state or to a corporation owned or controlled by the state it shall not be deemed to provide for the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1943Bom7; (1942)44BOMLR839
..... of the donor and while he is still capable of giving.9. so that clearly it is essential that there should be a transfer of the ownership of the property to the donee during the lifetime of the donor. then it is provided in section 123:--. for the purpose of making a gift of ..... provisions of sections 122 and 123 of the act. the former section says:'gift' is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf ..... happening of an event which must happen, such interest is vested, unless a contrary intention appears from the terms of the transfer.8. but this assumes that there has been a transfer of property, and when the question is whether there has been a legal gift of money, we have to have regard to the ..... . both in the court below and in the argument before us reliance has been placed on section 19 of the transfer of property act which provides:--where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in ..... moveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery.10. mr. thakor who appears for the respondent .....Tag this Judgment!