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  • The Transfer of Property Act

The Transfer of Property Act by Dr. D. K. Sinha

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Publisher Central Law Publication
ISBN-10 9384852082
Edition N/A
Number of Pages 496
Publication Year 2015
Language English
ISBN-13 9789384852085
Binding Paperback


With the publisher's grace the Book has been going into an annual edition since half a decade. The authors are especially thankful to them for presenting them with the noble opportunity of annual edition enabling them constantly not only to bring in new judicial pronouncements but also otherwise to improve the quality of the work. This year's working enroles noteworthy judicial contributions to the development of the subject upto January 2015. Many decisions have been of reiterating nature but even so they are important to the extent to which they lend reconfirmation to the existing case law. Some of them are : There can be no unilateral cancellation of a registered deed of any kind whatsoever even by an attempted registration of cancellation deed. The only option is to seek cancellation through a Court order. A pendente lite transferee is bound by the decision of the Court whether he has been impleaded or not. A person who fails to fulfil the requirements of a sale deed in his favour, cannot claim protection of the doctrine of part performance under Section 53-A, but the arbitration clause in such agreement is not obliterated. A purchaser from a person with knowledge that his seller is only half-owner cannot claim even that half which he purports to sell if there has been no partition between co-owners. The maker of a Will has all the fights to do anything with the Will during his life-time. An agreement for the development of a real estate has some of the trappings of a sale. A mortgage in favour of a minor is void. A mortgage by deposit of title deeds is possible in territories where such mortgages are permitted though the land is situated in a territory where such mortgages are not permitted. The right of redemption of a mortgage becomes lost when auction sale of the property has been confirmed by the Court by issuing a certificate of sale.

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