Transfer of Property Act,
1882
TRANSFER OF PROPERTY ACT
(IV OF 1883)
(IV OF 1883)
Sec.3, explanation 1.
- Presumption of notice of registered
instrument – party having interest in property would be deemed to have notice
from the date of registration of such deed.
1995 CLC 1977
1995 CLC 1977
Sec. 41, proviso –
Sc.12, 27(b), 42, 54 of Specific Relief Act.
Sc.12, 27(b), 42, 54 of Specific Relief Act.
- Equitable doctrine of proviso to S. 41 which
protected a subsequent transferee, it is upon subsequent transferor to
establish that he had acted in good faith and had taken reasonable care such as
checking with the Sub-Registrar etc. before entering into transaction and that
he had given valuable consideration for such transfer. Such equitable doctrine
was a deduction from the law of estoppel which must be pleaded clearly with specific
facts. Burden of proof is always on the person who pleaded such protection.
Mst. Rubina Badar Vs. M/S Long Life Builders.
2012 SCMR 84
Rel: 2002 SCMR 2003
Mst. Rubina Badar Vs. M/S Long Life Builders.
2012 SCMR 84
Rel: 2002 SCMR 2003
Sec.52
- Doctrine of lis pendens applicable even to
those areas where T.P. Act not applicable.
PLD 1995 Lah. 255
PLD 1995 Lah. 255
SECTION 53-A & 58
- Respondent’s property already mortgaged with
appellant – he entered another agreement to sell – terms of agreement showed
cdlog on equity of redemption and could not be specifically enforced on agreement
to sell. Such agreement was “mortgage by way of conditional sale.”
1992 SCMR 417
1992 SCMR 417
SECTION 53-A; 54
- Agreement to sell itself made revocable on
payment of advance amount within given period, agreement would get assimilated
to sale though legally short of it.
1992 SCMR 417
1992 SCMR 417
SECTION 58(b) Equitable Mortgage.
- Essentials for creation of equitable
mortgage by deposit of title deed – law does not require that deposit should be
accompanied by some documents evidencing creation of equitable mortgage.
Section 54
Essential elements of Sale:
Essential elements of Sale:
(i) The parties.
(ii) The subject matter
(iii) The transfer or conveyance
(iv) Price – consideration.
(ii) The subject matter
(iii) The transfer or conveyance
(iv) Price – consideration.
If any one of the above elements is missing, it is not a “sale
transaction”. Ownership on the one hand and price on the other must exist.
Maulvi Naqal-ud-Din V. Abdullah & two others.
2012 CLC 125 (Baluchistan)
Maulvi Naqal-ud-Din V. Abdullah & two others.
2012 CLC 125 (Baluchistan)
No comments:
Post a Comment