5. If you do not have his bank account number, send him a letter containing a cross cheque to repay the amount of the advance he paid after the cancellation of the terms and conditions and that he did not comply. … Owner of the property. The bank found that the civil courts would have jurisdiction to bring an action for the cancellation of documents, in which it is an action for annulment…, (1990) 1 CSC 207. In that case, an action to quash the document and possession was filed, where the Apex court found that the Civi… this jurisdiction, since the applicant`s appeal applies only to the annulment of the general power of 5 September 2003 obtained by fraud and misrepresentation, and… 18. As noted above, Chapter II also includes Part B, which deals specifically with the transfer of land. A brief summary of the provisions of Chapter II, Part B (sections 38 to 53) is required. A reading of sections 38, 41, 42, 43, 48 and 53 would show that, in all cases, the sale of land does not necessarily lead to the immediate transfer of the purchaser`s property. In addition to the two important conditions of the transfer, there are a number of exceptions to the blunt principle under Section 8 of the TP Act, namely; «that the assignor has the right to be transferred or that the assignor has the right to dispose of the negotiable property, not his property.» If the transferor or any person mandated by that assignee has no power because of the absence of such a right of delegation or because of the absence of such delegation power, the recourse of the actual owner, who is authorized to transfer but who has not, could be numerous.
Under Section 38 of the TP Act, a person who has the right to transfer the estate only under certain conditions, but who transfers the estate for a fee, although such conditions do not exist, since between the purchaser and the ceding, he is always free to accept the existence of such conditions if he acted with due diligence to establish the existence of circumstances. If an alleged owner transfers the property with the consent of those interested in the property, the transfer is valid and is not cancelled on the grounds that the ceding owner (alleged owner) was not authorized to do so.