Court : Mumbai
Reported in : (1922)24BOMLR449
..... . in my opinion the law laid down in london and south western railway co. v. gomm (1882) 20 ch. d. 562 applies to a contract for sale of immoveable property in india even where the transfer of property act is in force. as pointed out by sir bhashyam ayyangar j. in ramasami pattar v. chinnam asari i.l.r. (1910) mad. 449 the power of ..... railway co. v. gomm (1882) 20 ch. d. 562. but under hindu law, which governed the parties to the sale-deed, neither equitable interests nor executory interests in immoveable property are recognised.20. under section 54 of the transfer of property act contracts for the sale of land do not create an interest in the land, and it would seem to follow that a contract for ..... against perpetuities and that under section 54 of the transfer of property act and according to the law in force prior to the transfer of property act a contract for the sale of immoveable property did not of itself create any interest or charge on the property contracted to be sold.45. at the date of the sale-deed the transfer of property act was not in force but the specific ..... passes on execution of a conveyance by the seller. the illustration cannot be applied in oases where the transfer of property act is applicable.48. under the indian registration act xx of 1866 an agreement of sale of immoveable property between hindus was held to be an agreement creating an equitable interest in land and requiring registration under section 17, clause (2), of that act .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1995KAR3275; 1995(6)KarLJ737
..... things necessary for the purpose of the act. but that power has been made subject to the rules made by the government in this behalf. the power to lease sale and transfer of the immoveable property is again be subjected by proviso (1) of section 50 to certain condition viz., in case of lease for more than 5 years not except with the previous ..... which my attention has been invited by the counsel for the appellants also reveal that there could not be any such thing as implied grant or implied transfer either by lease, sale or otherwise of the immoveable property. therefore, the learned lower appellate court committed substantial error of law by holding the implied grant by the village panchayat in favour of the plaintiff/respondent ..... act, shall be subject to the rules made by the government in this behalf;provided that no lease of immoveable property for a term exceeding five years and no sale or other transfer of any such property shall be valid unless such lease, sale or other transfer shall have been made with the previous sanction of the commissioner or such other authority as may be prescribed; ..... government and the further restrictions that has been placed by proviso of section 50 i.e. that no lease of immoveable property for a term exceeding five years and no sale or other transfer of any such property shall be valid unless such lease, sale or other transfer has been made with the previous sanction of the commissioner, unless there is previous sanction of the commissioner and .....Tag this Judgment!
Court : Mumbai
Reported in : (1990)81CTR(Bom)29; 186ITR693(Bom)
..... arises in this reference is : is the right conferred upon the assessee by the said agreement for sale 'property of any kind' ?7. under the provisions of section 54 of the transfer of property act, 1882, acontract for the sale of immovable property is a contract that a sale of such property shall take place on terms settled between the parties and it does not, of itself, create any ..... interest in or charge on such property. section 40 states that where a third person is entitled to the ..... section 6(e) of the transfer of property act.14. having regard to the statutory provisions and the authorities which we have cited above, we cannot, with respect, agree that the right acquired under an agreement to purchase immovable property is a mere right to sue. the assessee acquired under the said agreement for sale, the right to have the immovable property conveyed to him. he was .....Tag this Judgment!
Court : Karnataka
Reported in : 2007(4)KarLJ326
..... . learned counsel further contends that it was not the case of either of the parties that possession of the immovable property was delivered under the agreement of sale nor did the plaintiff plead part performance of the agreement under section 53-a of the transfer of property act, 1882. according to the learned counsel, having regard to the plaint averments and that of the written ..... is for a direction to execute and lodge for registration the sale deed conveying the immovable property, subject matter of agreement. the plaint averments do not disclose a plea of part performance of the agreement by delivery of possession of the suit property, under the agreement, as required by section 53a of the transfer of property act, 1882, nor a relief for delivery of possession of ..... a conveyance on sale and every instrument by which property, whether movable or immovable is transferred. section 34 of the act provides that an instrument chargeable with duty shall be admitted in evidence provided the instrument is duly stamped.7. having regard to the aforestated provisions of the statute, it is obvious that an unregistered agreement of sale with delivery of possession of immovable property, is deemed .....Tag this Judgment!
Court : Mumbai
Reported in : (1931)33BOMLR1296; 136Ind.Cas.509
..... ) bom. 191 24 bom. l.r. 449 in which it was held, in dealing with a contract of 1878 that prior to the transfer of property act a contract for the sale of immoveable property created an equitable interest in the property and made the purchaser the owner in equity, and consequently the english decisions like london and south western railway co. v. gomm (1882) 20 ..... to this class of contracts, and it was held by kanga j. that prior to the transfer of property act the law assumed in ill. (a) to section 13 of the specific relief act: that a contract for the sale of immoveable property created an equitable interest in the property and made the purchaser the owner in equity, was the law in india, and he goes ..... at a more remote period than the lives in being and eighteen years afterwards. it is an agreement creating under the law prior to the transfer of property act an equitable interest in immoveable property which would be void as infringing the rule against perpetuities: london and south western railway co. v. gomm (1882) 20 ch. d. 562 and woodall v. clifton ..... on to say (p. 215):-now we have before us an agreement made in 1878 to convey an immo-veable property upon the happening of an event which might occur .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1960AP616
..... committee :'they are unable to see how the provisions of section 123 of the transfer of property act can be reconciled with section 47 of the registration act except upon the view that, while registration is a necessary solemnity in order to the enforcement of a gift of immoveable property, it does not suspend the gift until registration actually takes place. when the ..... case of sale effected by a conveyance which was subsequently registered.6. the law on the ..... the effect ofan attachment over a claimant who had only an agreement of sale in his favour. but this decision is clearly distinguishable inasmuch as section 54 of the transfer of property act makes a contract for sale of immoveable properly by itself, incapable of creating any interest or charge on such property. the facts of that decision therefore are of no guidance in a ..... of attachment is incapable of prevailing against the claims of the attaching creditor, mr. vidyasagar contended that inasmuch as any transfer ol interest in the alienated property would pass only on the registration of the sale deed, and as the transfer also should be taken to have effect only from the time of registration, the 1st defendant could not be considered as .....Tag this Judgment!
Court : Mumbai
Reported in : (1929)31BOMLR374; 118Ind.Cas.548
..... enforced in other parts of india and even in some parts of gujarat in the bombay presidency and that chapter iii of the transfer of property act which relates to sale of immovable property does not purport to deal with the right of the vendor to sell, but only provides the mode of effecting ..... of the lower appellate court and dismiss the appeal with costs.murphy, j.13. the facts preceding this litigation are, that plaintiff and his brothers owned some immovable property in ahmedabad city, which was partitioned between them by decree in suit no. 409 of 1909. the land in question-an open plot- fell to the ..... ahmedabad the custom of pre-emption exists among the hindus. the right of pre-emption is a right to acquire by compulsory purchase, in certain cases, immovable property in preference to all other persons. it is not one of the matters in suits respecting which the mahomedan law is expressly declared to be the rule ..... v. narayan meghaji i.l.r(1915). 40 bom. 358 that the rules of pre-emption place a clog or fetter on the freedom of sale for which the transfer of property act and the indian contract act provide. shah j., however, has hesitated to accept the contention on the ground, first, that pre-emption ..... sales and contains provisions as to the rights and obligations of the seller and buyer in the absence of a contract to the contrary .....Tag this Judgment!
Court : Chennai
Reported in : AIR1973Mad1
..... convey title to the company and divest themselves of the same. 'conveyance' under section 2(10) of the stamp act includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by schedule i. though it is an inclusive definition, it is clear that the essence ..... amounted to a transfer is apparent. no doubt, it is mentioned in the document that possession of the ..... of a conveyance is transfer of property or an interest therein, whether movable or immovable, and the transfer should be inter vivos. that the recitals in the two documents ..... properties had been delivered earlier, but that would not by itself be enough to vest title in the company. the intention of the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1925Bom181; (1925)27BOMLR42
..... in the suit for specific performance, apart from decisions, on principle that view appears to be correct. under section 54 of the transfer of property act, the contract for sale of immoveable property of itself creates no interest or charge upon the immoveable property, and until the claim for specific performance was decreed in favour of the plaintiff it could not be said that he was entitled ..... . 2, 3 and 4 were joined as parties, defendant no. 2 being a tenant of defendant no. 1, and defendants nos. 3 and 4 being the original owners of the property.4. the defence raised on behalf of defendant no. 1 was that the claim for possession was barred by the provisions of section 11 of the civil procedure code. the trial court ..... for specific performance and damages arising out of the breach of the said contract dated october 20, 1918. it appears that the plaintiff made a claim for possession of the property also. the judgment in that suit shows that the principal point raised was whether defendant no 1 had notice of the contract between the plaintiff and the owners of the .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 1992(0)MPLJ390
..... hundred rupees, it requires registration under section 17 of the indian registration act. where the language employed in an agreement of sale clearly purports to transfer of vendor's interest in the immovable property which he inherited with particulars of description of the property, the agreement comes within the terms of section 17 of the indian registration act and requires registration.10. this is not ..... an agreement of sale, but a sale completed with future stipulation of registration, and this being a document of sale and being unregistered is ..... figure '7' (seven) was interpolated and for that reason the document is void.8. on plain reading of the document it reveals that it is not and agreement but a sale completed. 'sale' is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. in this document (ex.p-1) there is a recital of ..... 3,000/- in lieu thereof. despite notice and requests from the plaintiff, defendant refused to execute the sale deed and further refused to get the same registered.3. defendant denied the claim of the plaintiff and pleaded that he is owner of the suit property, house no. 252, lajpatpur, sagar; plaintiff is his nephew and he and his ancestors have no share .....Tag this Judgment!