https://www.taxtmi.com/caselaws?id=184772 An agreement to sell a house was held not to fall within the prohibition on transfer under Section 7 of the U.P. Encumbered Estates Act, 1934, because an agreement to sell is not itself a sale, mortgage, lease, exchange or gift of immovable property. The restriction applied only while proceedings under the Act remained pending. Once the house had been exempted from sale and the statutory proceedings had ended, and the mortgagee's rights had been extinguished by the statutory scheme, no surviving bar existed to defeat specific performance. The plea that the agreement was void under the Act therefore failed, and specific performance was maintainable. en-us Thu, 05 Mar 1987 00:00:00 +0530 Wed, 20 Jul 2016 10:43:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184772 An agreement to sell a house was held not to fall within the prohibition on transfer under Section 7 of the U.P. Encumbered Estates Act, 1934, because an agreement to sell is not itself a sale, mortgage, lease, exchange or gift of immovable property. The restriction applied only while proceedings under the Act remained pending. Once the house had been exempted from sale and the statutory proceedings had ended, and the mortgagee's rights had been extinguished by the statutory scheme, no surviving bar existed to defeat specific performance. The plea that the agreement was void under the Act therefore failed, and specific performance was maintainable. Case-Laws Indian Laws Thu, 05 Mar 1987 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184772