Transfer of Ownership - Transfer inter vivos refers to the transfer of ownership rights during the lifetime of the owner. Certain transfers, especially of agricultural land, require prior permission or sanction; otherwise, they are prohibited or considered invalid. For example, Section 47 of the Tenancy Act prohibits permanent alienations or transfers of agricultural land without prior approval Syed Jalal VS Tarrgopal Ram Reddy - Andhra Pradesh.
Legal Validity of Transfers - Transfers made in violation of statutory provisions or without proper consideration can be declared void or invalid. Sale deeds and alienations are considered valid only if they meet legal requirements, including registration and intention to transfer ownership. Mere registration is prima facie proof but not conclusive of transfer intent Baikunth Singh VS Bir Singh - Chhattisgarh, Jant Ram Satnami VS Daya Das Satnami - Chhattisgarh.
Nature of Specific Transfers - Will is not classified as a transfer inter vivos; it is a testamentary document. The concept of contemplated transfer involves a proposed transfer that has not yet been effected, distinguishing it from completed transfers Smt. Mohani Bai Gupta vs Smt. Geeta Bai Gupta - Chhattisgarh.
Transfer Restrictions and Legal Proceedings - Certain transfers can be challenged or opposed based on violations of legal provisions, such as lease clauses or allotment conditions. Courts have held that transfers in violation of statutory or contractual conditions are void or subject to cancellation Tilak Nath, S/o Shri Ram Lal Koshta VS State of Chhattisgarh, Through the Secretary - Chhattisgarh.
Court Rulings on Transfer Validity - Courts emphasize that transfers must comply with legal and statutory requirements. Transfers made without proper consideration or in violation of law can be declared void, but transfers with valid consideration and proper registration are enforceable Devanti @ Jamwanti Dubey Wd/o Late Balram Dubey VS Goutam @ Ganesh Datt Dubey S/o Late Shri Balram Dubey - Chhattisgarh.
Summary & Conclusion - Transfer Inter Vivid appears to refer to the legal concept of transfer of ownership or rights during a person's lifetime, emphasizing that such transfers must adhere to statutory provisions. Unauthorized or illegal transfers, especially of agricultural land, are prohibited or invalid, whereas valid transfers require proper legal procedures, including registration and consideration. The term underscores the importance of legality and compliance in transfer transactions Syed Jalal VS Tarrgopal Ram Reddy - Andhra Pradesh, Baikunth Singh VS Bir Singh - Chhattisgarh, Smt. Mohani Bai Gupta vs Smt. Geeta Bai Gupta - Chhattisgarh.
Note: The sources collectively highlight that Transfer Inter Vivid involves the transfer of rights during one's lifetime, which must follow legal protocols to be valid. Unauthorized transfers are subject to legal challenge or nullification.
It is only the transfer of ownership that is prohibited without prior permission. 3. ... Section 47 of the Tenancy Act prohibits permanent alienations or other transfers of agricultural land without the previous sanction ... Section 47 of the Tenancy Act prohibits permanent alienations or other transfers of agricultural land without the previous sanction ... vivid between living persons. ... In other words does the terms "permanent alienation" and "other transfer" connote also transfer#HL_END....
was barred under provisions contained in Section 158(3) of Code of 1959 as within ten years from date of allotment, transfer could ... Board of Revenue and Board of Revenue concurred with findings of Commissioner and dismissed revision petitions clearly holding that transfer ... violation of provisions contained in Section 165(7)(b) of Code of 1959 in addition to clause 7 of allotment order as well as such transfer ... The said transfer is in violation of clause 7 of the lease deed. ... 11. ... contained in Section 165(7....
State of Haryana and another4, it has been held by their Lordships of the Supreme Court that Will is not a transfer inter vivos. ... Section 22(1) speaks of preferential right to acquire the interest proposed to be transferred and it talks of “contemplated transfer” and not of “concluded transfer” or “transfer already effected”. ... Accordingly, when the legislature talks of preferential right to acquire the interest "proposed to be transferred" in sub-section (1) of Section 22, it talks of a "contempla....
and sale made/alienation made is void and not binding on them - Defendants No. 1 to 3 filed their joint written statement stating inter-alia ... partitioned amongst all co-sharers - Supreme Court and High Court of Madhya Pradesh in above-stated judgments (supra), it is quite vivid ... co-sharer sells his share in joint holding or any portion thereof and puts vendee into possession of land in his possession what he transfers ... of the transfer in his favour. ... The difference between a prayer for cancellation and declar....
appellant, if any, is to bring a suit for consideration amount and sale cannot be declared void for want of consideration intended to transfer ... Property Act, 1882 - Section 54 and 55 (4) (b) – Suit land - Sale deed - Possession - Evidence - Plaintiff filed a suit stating inter-alia ... invalid - Property sold would stand transferred to buyer subject to statutory charge for unpaid part of sale price - it is quite vivid ... The definition indicates that in order to constitute a sale, there must be a transfer of ownershi....
Decree of Jurisdictional – Suit for Permanent Injunction –Plaintiff-Kaniya, son of filed a suit for permanent injunction stating inter-alia ... public trust and as such suit was maintainable for declaration of title and permanent injunction – Court in judgments it is quite vivid ... Original plaintiff-Kaniya, son of Gurda, filed a suit for permanent injunction stating inter-alia that in Civil Suit No.5-A/67 (Gurda v. ... Reverting to the facts of the present case in light of principle of law enumerated by the Supreme Court in the above-st....
- Permanent injunction - Sole plaintiff/appellant herein filed a suit for declaration of title and permanent injunction stating inter ... – Held, it is quite vivid that plaintiff claimed that purchased suit house in name of his son i.e. defendant No. 1, but hepaid purchase ... The fundamental difference between these two classes of transactions is that whereas in the former there is an operative transfer resulting in the vesting of title in the transferee, in the latter there is none such, the transferor continuing to retain the title not....
cannot be declared void for want of consideration, if any as plaintiff has failed to establish that his mother was never intended to transfer ... invalid - Property sold would stand transferred to buyer subject to statutory charge for unpaid part of sale price - It is quite vivid ... mutated in land records, as such, all sale deeds - Defendants filed their joint written statement denying plaint allegations stating inter ... Though registration is prima facie proof of an intention to transfer the property, it is not proof....
The respondents opposed the transfer, arguing that the petitioner had already been examined and the transfer was sought to delay ... The respondents opposed the transfer, arguing that the petitioner had already been examined and the transfer was sought to delay ... The petitioner sought transfer citing her residence, pending cases, and family circumstances. ... Reverting to the facts of the present case in the light of principle of law laid down by the Supreme Court in the above-stated judgments (supra)....
respondent No. 3 on said post is unsustainable and bad in law – Held, In light of aforesaid decision of Supreme Court it is quite vivid ... Selection Committee as a Member of District Consumer Redressed Forum - Against which petitioner has filed instant writ petition stating inter-alia ... Anand Prakash Solanki, AIR 2003 SC 3849 while considering the question whether the scheme of the Consumer Protection Act, 1986 prohibits the exercise of power to transfer the President or Members from one District Forum to another District Forum within ....
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