This Supreme Court judgement of 2009 is a landmark judgement that had significant implications for property transactions in India, invalidating sale through General Power of Attorney. The case ...

The concept of mortgage law in India originates from the Transfer of Property Act, 1882, which governs the transfer of immovable property, including mortgages. A mortgage is a legal arrangement...

The Indian real estate sector has a lengthy history of non-transparency, project delays, and frauds. The government created the Real Estate Regulation and Development Act 2016 (RERA) to safegua...

Family dispute is one of the most commonly known disputes when it comes to property. In almost every normal family, the problem is the same. Property dispute is one of the major reasons for the...

It is common knowledge that both the seller & the purchaser of an immovable property approach the scribe for drafting a sale deed/agreement. The scribe takes a cursory look at the documents...

India's commercial property sector has changed significantly in recent years. More businesses now rent commercial spaces instead of buying them. Startups and big tech companies seem to like thi...

Definition of Auction Sale: An auction sale is a public or private sale in which goods, property, or assets are offered for bidding, and the highest bid, meeting the seller's conditions, resul...

Blockchain technology has evolved far beyond its original application, which was originally associated with cryptocurrencies like Bitcoin. These days, blockchain is seen as a potent instrument ...

Blockchain technology has evolved far beyond its original application, which was originally associated with cryptocurrencies like Bitcoin. These days, blockchain is seen as a potent instrument ...

Chandigarh, known for its meticulously planned architecture, operates under unique legal and administrative frameworks. Two landmark Supreme Court judgements, Resident Welfare Association &...

The case of C. Abdul Shakur Saheb V. Arji Papa Rao[1] deals primarily with section 53 of the Transfer of Property Act. Section 53 states that any transaction of immovable property made with an ...

'This case mainly revolves around the Doctrine Of Election. The doctrine of election is stated in Sec. 35 of the Transfer of Property Act alongside Section 180 to 190 of the Indian Succession A...

The concept of "transfer," as enunciated within the Transfer of Property Act, 1882, constitutes the fulcrum of property law in India. Section 5 of this seminal statute elucidates the ...

"Right To Property" is discussed under article 300(a) of the constitution of India. Definition of public property is defined under "prevention of damage to public property 1984" as " any prope...

What is Property Registration?Distribution of properties in India is under the Indian Registration Act of 1908 and Transfer of property Act 1882.It is essential to. Registration includes entry ...

Without reserve the prudent the enjoyment cannot be existing. Here prudent means "Registration''. These are considering as a' "Limbs of the immovable property''. In order to enjoy the fruit of ...

The concept of a "gift" holds a special place in law, offering a mechanism for individuals to transfer property without monetary exchange. In India, the legal foundation for gifts is ...

The Transfer of Property Act, 1882 (TPA) governs the transfer of property in India, including both the legal concepts of sale and exchange. While both transactions involve the transfer of prope...

A conditional gift is a gift made under a condition that must be fulfilled for the gift to take effect. Under the Transfer of Property Act, 1882 (TPA), particularly in Section 123, a gift is de...

Section 122 to Section 129 contained in Chapter VII of Transfer of Property Act, 1882 deals with gifts. A 'gift' is the transfer of ownership in an existing movable or immovable property mad...

A lease agreement under the Transfer of Property Act, 1882 (TPA) governs the relationship between the lessor (the owner of the property) and the lessee (the tenant or person renting the propert...

The Transfer of Property Act, 1882 (TPA) primarily governs the transfer of property in India. Chapter III of the TPA deals with exchange of property, specifically under Section 118 to Section 1...

A gift, under the Transfer of Property Act, 1882, is defined in Section 122 as the transfer of property, made voluntarily and without consideration, by one person (the donor) to another (the do...

A lease agreement is governed by Section 105 of the Transfer of Property Act, 1882 (TPA). This section defines a lease as the transfer of a right to enjoy immovable property, for a certain time...

In today's consumerist environment, the consumer is considered 'King'. In our universe, legal Excessive care required by consumers to safeguard themselves against seller fraud would not benefi...

Introduction to Apportionment in the Transfer of Property Act Apportionment is a critical legal concept within the Transfer of Property Act, 1882, addressing how rights and liabilities associat...

Under the Transfer of Property Act, 1882, both sale and exchange facilitate property transfers between parties but differ significantly in their requirements and legal implications, especially ...

Under the Transfer of Property Act, 1882, a conditional gift involves transferring ownership of property under terms specified by the donor. The act, specifically in Sections 122 and 126, outli...

The Transfer of Property Act, 1882, in Section 118, defines and regulates the exchange of property. An exchange under this law involves the reciprocal transfer of ownership rights in property b...

Under the Transfer of Property Act, 1882, a gift is defined in Section 122 as the voluntary transfer of property from a donor to a donee without consideration. For a gift to be valid, the fo...

Under the Transfer of Property Act, 1882, both the lessor (landlord) and lessee (tenant) have specific rights and duties that define and regulate their legal relationship. Rights of the Lessor...

A lease, under the Transfer of Property Act, 1882 (TPA), represents a significant legal concept by which one party, the lessor (typically the owner or landlord), transfers the right to enjoy th...

The Rule Against Perpetuity, codified in Section 14 of the Transfer of Property Act, 1882, prevents the indefinite control or restriction of property transfer beyond a legally permissible perio...

The doctrine of election is a fundamental principle in the Transfer of Property Act, 1882, which addresses the concept of choice in cases where a person stands to gain and lose from the same in...

Non-resident Indians (NRIs) buy property in India for their use, rental income, and long-term investment. However, the Indian government provides certain rules and regulations for buying proper...

The Law of the Land mandates that the State cannot forcibly dispossess a Person from his Property without Payment of Compensation and without the due process of law. In spite of the Constitutio...

Doctrine of NoticeThe Doctrine of Notice is a key concept that is mentioned in Section 3 under the Transfer of Property Act, 1882 in India. It deals with the legal implications for a transferee...

Marshalling Securities, governed by Section 81 of the Transfer of Property Act, is a legal concept that plays a critical role in securing creditor rights and ensuring fairness in financial tran...

Sometimes, we come across sale deeds which are executed in respect of immovable properties without any consideration. A Question arises whether such a sale deed is legally valid & tenable. ...

Section 5 of the Transfer of Property Act, 1882 defines the phrase "transfer of property". The section provides that "transfer of property" means an act by which a living pe...

The legal issue in this case arose whether the saplings and plants that existed at the time of the agreement which was for the transfer of the land, and those plants later matured into full-gro...

The Specific Relief Act, 1963, provides a robust framework for the recovery of possession of both movable and immovable property, offering remedies that transcend mere compensation to include s...

The effect of Section 52 is not to wipe out a sale pendente lite altogether. It only operates as a bar to the extent of the right, title, and interest that may be determined in favor of the oth...

What is an NRI? A non-residential Indian is a person who stays in India for less than 182 days during the period of the foreseeing financial year. An NRI can also be a p...

MAHA RERA: The delay in obtaining NOCs including Fire NOC do not fall within the force majeure factors prescribed under the RERA and the relevant rules made thereunder. MahaRERA: To ensure t...

Realizing that the shift in civilization began when people began to live in communities that valued the rights of each individual while also providing benefits for the community as a whole. Thu...

Property ownership is a cornerstone of a functioning society. However, disputes can arise when multiple parties claim rights to the same property. The doctrine of priority, enshrined in Section...

Doctrine of Contribution is an important concept relating to mortgage. This doctrine talks about the rateable contribution by various mortgagors. This doctrine is discussed in Section 82 of the...

This article provides an in-depth analysis of the concept of ownership and the various modes of acquiring ownership under Indian law. It examines the legal definitions, the statutory framework,...

Supreme Court of India: The power to supersede the authority is entrusted to the appropriate Government in terms of Section 82 of RERA Act. Facts: On 5 January 2024, one of the members of...

This article delves into the intricacies of Section 67 of the Transfer of Property Act, 1882, which pertains to the right of redemption and enforcement of mortgages. The article elucidates the ...

Property law is an area of law that governs the various forms of ownership that are present for both personal and real property, including land. Property refers to claims to legally protected r...

Property crimes involve the theft, destruction, or unlawful acquisition of someone else's property. These offenses include burglary, theft, arson, vandalism, and motor vehicle theft. Unlike vio...

In this topic it into fraudulent transfers under Section 53 of the Transfer of Property Act of 1882, addressing issues that creditors face as well as safeguards for legitimate transferees. It s...

What legal hurdles do non-resident Indians (NRIs) usually encounter in NRI's family property disputes and how may they effectively conquer these obstacles? This article addresses these signific...

"There is only one fundamental method of improving village life namely, the introduction of a system of peasant proprietorship under which the tiller of the soil is himself the owner of it and ...

The term "Evidence' is originated from the Latin word 'evidera' which means to discover clearly, to ascertain or to prove. Evidence is defined as in Dr Johnson's dictionary, "the state of being...

Sec 154 B (1) (11) Defaulter means a Member or flat owner or occupier who fails to pay the dues of the society within three months from the date of service of bill or notice or due date of pay...

The concept of adverse possession is much used in Courts dealing with right, title, possession, and interest on immovable property. Physical control or exercising dominion with consciousness in...

The rights and obligation of the parties to the contract of immovable property are captured in detail in a document called Agreement for sale. An agreement for sale, is a document to sell/conve...

Lord Keeper in the case of Partridge v Gopp had enunciated certain words which are relevant herein. He opined that no one has power over his property to such extent using which he, whilst using...

Home is one of the basic requirements of an individual and every individual wish to have a home of their own and to buy one a lot of investment is required. Apart from this, to build one's home...

Foreword of RERAThe Real Estate (Regulation and Development) Act, popularly known as RERA, is a landmark legislation enacted by the Government of India to regulate and promote transparency in t...

In the modern world, human life is intricately connected with property. Properties and humans have become intertwined, making them nearly inseparable. Individuals acquire, enjoy, and dispose of...

Sections 58 to 104 of the Transfer of Property Act, 1882 are devoted to the specifics of mortgages and charges. The key elements defined in Section 58 of the Transfer of Property Act, 1882 incl...

The doctrine of part performance is a principle of contract law that recognizes the validity of an incomplete contract, where one or both parties have partially performed their obligations, but...

Sec 154 B (1) (11) "defaulter" means a Member or flat owner or occupier who fails to pay the dues of the society within three months from the date of service of bill or notice or due date of p...

To understand whether mortgage by deposit of title deeds, requires registration relevant provisions of Transfer of Property Act, 1882 (TP Act) and Indian Registration Act, 1908 (Registration Ac...

Property tax is a tax levied by municipal authorities on real estate properties. It is one of the primary sources of revenue for local governments and is used to fund public services such as ro...

Real estate is a crucial sector in India, contributing significantly to the country's economic growth. The real estate market in India is governed by a set of laws and regulations that aim to e...

What is INVITs?INVITs, or Infrastructure Investment Trusts, are a type of investment vehicle that allows investors to invest in infrastructure projects. They are similar to Real Estate Investme...

The Registration of Documents for several purposes in India attributes paramount significance under the Registration Act, 1908. It is pertinent to mention here that the Registration of the Doc...

This article provides a critical assessment of the Transfer of Property Act of 1882, an essential regulatory legislation that oversees agricultural property transfers in the Republic of India. ...

Property law in India has changed significantly during the last several decades. Society has progressed from the time of rejecting fundamental property rights to the time where it recognising ...

According to Sir D. Mulla, "It is illogical to imagine a dead person below the grave controlling properties above his grave." For this very reason, the lawmakers felt the need to draft the 'Rul...

Jay Dayal & others vs. Krishan Lal Garg & Arc Decided it by Hon'ble Supreme Court of India on 06.11.1996. That in the aforesaid case a question was to be arisen before Hon'ble Supreme ...

The term "ownership" invokes thoughts of property and possession, which are integral components of this fundamental legal concept. Historically, during the epoch of nomadic hunter-gat...

Summary: This paper elaborates the Comparative Study and complexities of the Vested Interest and Contingent Interest. Introduction In the realm of property rights, contractual agreements, an...

Rent control laws play a crucial role in regulating the relationship between landlords and tenants, ensuring fair treatment and access to affordable housing. In India, these laws vary from stat...

As defined under Section 52 of the Indian Easements Act, 1881, license means when one person grants another, or to a specific number of other people, the authority to do an act in or on the gra...

What is Doctrine Of Lis Pendens?The doctrine of lis pendens, which is Latin for "pending litigation," is a legal principle that deals with the transfer of property during the pendency of ...

Casement windows are a popular choice for homeowners seeking both aesthetic appeal and functionality. However, their installation involves more than just enhancing the beauty of a property: ...

Purpose Of The Assignment This assignment aims to delve into the specific provisions of FEMA related to the acquisition of immovable property. Understanding these regulations is essential for ...

An RERA has emerged as a changer in recent times, with the establishment of the RERA (real estate) Regulation & Development Act, the government ensures each state has a regulatory body for ...

Established with a vision to redefine real estate Law service standards, CCA LEGAL stands as a beacon of expertise, integrity, and innovation in the industry. Whether you're a first-time homebu...

Real estate deals in India are sometimes fraught with legal difficulties and bureaucracy. With the introduction of new real estate legislations such as RERA, it has become critical to adhere to...

While buying or selling of the property, for many years people tend to skip a fundamental but crucial aspect i.e. Registration of legal documents. As people are not familiar with the concept of...

Thakar Singh v. Mula Singh (2015) 5 SCC 209; (2015) 2 SCC (Civ) 722 Case Type/Title: Case concerning the effect of redemption on lease granted by mortgagee under mortgage deed and extent of...

"Things gained through unjust fraud are never secure." ~ Sophocles Introduction: Facts Of The Case For the reason of simplicity and clarity, there will be 2 parties, "A" for...

Buying a home represents the most treasured desire for individuals. The real estate industry plays a pivotal role in realizing this dream by establishing residential communities and townships. ...

The jurisprudential notion of 'part-performance' finds its origin in Maddison v. Alderson case,[1] as developed by the English Courts of Equity in the Statute of Frauds, 1677,[2] allowing Court...

The "Mumbai Dreams- Olympia C D" project, which is in Mumbai's Mulund West, had apartments available for the complainants who had placed reservations. Lucrative Properties Private Lim...

Meaning of Transfer of Property (Sec 5): Section 5. "Transfer of property" defined: In the following sections "transfer of property" means an act by which a living person conveys property, in p...

In Hindu law, division of property into two parts is known as partition. It is divided into separate conferment of statue on undivided coparceners. Each coparceners have an equal share of the p...

Case Summary Facts of the case: The suit sites are non-residential, commercial buildings in Connaught Circus, New Delhi, measuring almost 1000 square feet. The premises are owned by the appel...

Section 10, 11 and 12 of Transfer of Property Act, 1882 deals the concept of conditions that restrict the transfer and enjoyment of property. It explores the implications of such conditions in ...

In its recent ruling, the Supreme Court ("SC") has ordered a stay on the Bombay High Court ("BHC") order dated 27th January 2023 which dealt with the issue of construction of Recreational Groun...

Giving the briefest explanation of the rule against perpetuity would be to barely state that this concept is mentioned in Section 14 of the Transfer of Property Act (TPA), 1882. But this will d...

Gift is a transfer of ownership of property without any consideration. Under Islamic law, gift or hiba is governed by personal law and does not require any writing or registration. However, und...

Renting out a house or flat can be a complex and challenging endeavor. Entrusting your property to a stranger involves inherent risks, and finding a trustworthy tenant who will treat your prope...