Section 52 of the Transfer of Property Act, 1882 [“the Act”] embodies the doctrine of Lis Pendens which states that during the pendency in any court of any suit in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to… Continue reading Doctrine of Lis Pendens vis-à-vis Specific Performance
Tag: Transfer of property
Can court determine lease deed dehors the unregistered document of lease?
Lease is one of the means of creating rights in an immoveable property and is governed by the Transfer of Property Act, 1882 [“the Act”]. Section 105 of the Act defines “Lease” as follows- “105. Lease defined– A lease of immoveable property is a transfer of a right to enjoy such property, made for a… Continue reading Can court determine lease deed dehors the unregistered document of lease?
Validity of an unregistered Agreement to Sell for an Immovable Property
The Transfer of Property Act 1882 [“the Act”] governs the transfer of property, whether moveable or immoveable and inter alia provides rights and liabilities of the parties, privy to such transfer. In order to give effect to transfer of an immovable property, it is essential that the Agreement to Sell by which the immoveable property… Continue reading Validity of an unregistered Agreement to Sell for an Immovable Property