Property ownership entails some fundamental rights, such as the right to hold title to the property, the right to keep and enjoy it to the exclusion of all others, and the right to transfer it ...

Partition disputes between co-owners are common in Indian civil law. However, the legal treatment of such disputes in Chandigarh differs significantly from other cities due to its unique status...

The Registration Act, 1908 (the Act), a Central legislation consolidates the enactments relating to registration of documents. The Act specifies and enumerates documents of which registration i...

India, entering 2025, being the world's fifth-largest economy, marking a significant milestone in its growth journey. The landscape of its urban centers is not just expanding but undergoing a p...

Be it individuals or businesses, acquiring real estate is capital intensive and fraught with complex legal and compliance challenges. Oversights in title verification, land use permissions, and...

Section 54 of the Transfer of Property Act, 1882 defines the meaning of the ‘sale’ and also specifies how the sale of immovable property can be done. Here, sale refers to the sale of immova...

Doctrine Of Trusteeship The Doctrine of Trusteeship is a socio-economic philosophy developed by Mahatma Gandhi. It offers a way to address wealth inequality by promoting a moral and ethical ap...

In the intricate tapestry of Indian civil litigation, the concept of limitation serves as a gatekeeper, ensuring that claims are pursued within a reasonable timeframe to promote finality and pr...

This research article examines the dispute resolution mechanisms employed in Indian infrastructure projects, specifically in the context of housing and land deals. Given the rapid urbanisation ...

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...

Facts Mr. Saran Dass (deceased) had two wives, Ms. Bimla Devi (3rd Defendant) and Ms. Biasan Devi (4th Defendant). With Ms. Biasan Devi, Mr. Dass had two sons, Bir Singh alias Hari Ram (1st De...

Case Analysis Of Harishchandra Hegde V. State Of Karnataka (2004) Citation: Harishchandra Hegde v. State of Karnataka, (2004) 9 SCC 780 Facts The Karnataka government handed two acres of land ...

The Real Estate sector in India has witnessed a step rise in the recent years owing to rapid urbanization which has increased the demand for housing and commercial spaces, leading to growth in ...

In today's world technology and digitization have become inevitable in any field! Real estate industry is no different and the Government through its E Governance initiatives has modified the w...

WIPO, which stands for the World Intellectual Property Organisation, was formed on 14th July 1967 and it is headquartered in Geneva, Switzerland. This article will discuss the history of WIPO, ...

Material Facts The Case of "Nathi Devi vs Radha Devi Gupta, 2005" is a Judgement in reference to "Delhi Rent Control Act, 1958" (hereafter referred to as the Act).   The timeline of th...

The case arose when Vishnu Dev Sharma claimed ownership of a piece of agricultural land, which he had allegedly purchased in 1961 and had been in possession of since then. However, the state go...

The real estate sector being the second largest generator of employment in the Indian economy has regained its momentum in the market today after experiencing a slowdown during the tenure of Co...

It is well known that Indian society is largely patriarchal, and the preference privileges granted to men with regard to property is simply one more example of the male-centric socioeconomic fr...

People save their whole lives to buy a house of their own. Most of the time, they book a flat when the site is not even developed. Sometimes, the site is under construction, and the flats are d...

A Mortgage is the transfer of an interest in specific immovable property to secure the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance...

The case is about fishery rights in the Chilka lake which is situated in what was once the estate of the Raja of Parikud. This estate vested in the State of Orissa under the Orissa Estates Abol...

Modern mortgage law has its roots in both Roman law and in Anglo-Saxon English law. Laws in the area of redemption, however, arose from the changes in the English laws during the early seventee...

The true definition of "property" covers a wide range of concepts. Not only does this encompass monetary wealth and other tangible things, but also intangibles like intellectual prope...

The case Shankarlal Nadani v. Sohanlal Jain has been decided by Supreme Court justices Hemant Gupta & v. Ramasubramanian on 12 April, 2022. The case is concerned with the power of the civil...

"Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the fi...

Origin Ostensible is derived from the Latin ostendere, which means "to show," and it denotes a discrepancy between a declared or implied aim or reason and the true one. synonyms o...

The following IRAC is related to a sub issue within the main case, pertaining especially to the Transfer of Property Act 1882 Issue In the modern legal scenario, Under Transfer of Property Ac...

It is common knowledge that Residents Welfare Associations of the colonies generally do not permit the public/outsiders/non residents to use the parks of the colonies. There are  signboards ...

It is very important to understand the property rights of individual Coparcener is a concept in the Hindu law and it is fundamental right. The term coparcener means 'a joint heir', coparceners ...

Any offense that is related to private property of any individual or group of individuals is known as property crime. In common parlance, acts such as theft, burglary, shoplifting, vandalism ar...

Inheritance laws are of special importance in a predominantly rural society like India. Since property rights determine access to land, the primary source of wealth and opportunities for produc...

Purchasing a home can frequently be a mess. You may become confused by the legalese and the jargon that is utilised everywhere. For you, we made things simple. You can use this helpful informat...

Property is a state subject, therefore each state has its own requirements, costs, and documentation. If you are unfamiliar with the processes, get legal counsel. Transfer of property means ...

Financial and Operational Creditors under IBC, 2016In order to efficaciously initiate Corporate Insolvency Resolution Process (CIRP) against a debtor, it is the sine qua non to attest that the cr...

The Insolvency and Bankruptcy Code,2016 (IBC) was hailed as a revolutionary legislation in the sphere of Corporate Insolvency. In a bid to strengthen and solidifying the existing Insolvency Res...

Purchasing a house is one of the most expensive investment which an individual makes in his entire lifetime. In most cases, a Home Loan is sought from a bank or NBFC to realize this purpose. Payin...

The doctrine of lis pendens is an old doctrine which has been in operation from the period of English common law. In the word lis pendens, 'lis' means litigation and 'pendens' means pending. Th...

We come across many levels and sorts of transactions and documentation throughout our life. Some of these records and transactions are vital to both us and the government. It would be impossib...

Making a significant move, the Real Estate Appellate Tribunal passed an order in the favour of a group of flat purchasers/allottees allowing the appeals filed by them challenging an order passe...

From eras, oral contracts were legal and word of mouth was based to property transfers. Our society has evolved as a concept of law and rights over time. Since the time of mankind, man has been...

Conflict of Judgments There was a conflict of opinion in two Division Bench Judgments delivered by Supreme Court of India in. Prakash v. Phulavati, (2016) 2 SCC 36 and Danamma @ Suman Surpur v...

In the case of New Okhla Industrial Growth Authority vs. Anand Sonbhadra, the Supreme Court on Tuesday found that the NOIDA is an operating creditor under the Insolvency and Chapter Code, 2016....

Ever since man started on his road to civilization, wealth has been the primary fuel to boost the road. From the very beginning, man has strived to fulfill the thirst for power. In primitive, a...

Renting housing is becoming more institutionalized, and the Model Tenancy Act embodies the government's attempts to integrate it gradually into the legal market. In a statement, the government ...

Osrensible Owner Section 41 of the act deals with ostensible owner and it has been defined as: "Transfer By Ostensible Owner: where, with the consent, express or implies, of the persons interes...

Property is perhaps the most critical, tangled, and comprehensive piece of current law. Under this field of law, the rights, cases, obligations, and commitments of the get-togethers related to ...

Right of Retainer:An agent could keep, out of any sums received on account of the principal in the business of the agency, all money due to himself in value of advances created or expenses appr...

Kabja Property Opinion: There is only transfer of interest in the property, and not transfer of title of the Property. The transfer of interest is being carried by way of unregistered a...

Property search or land search is also known as title search. Property Search refers to the enquiries made by the property lawyer to gather more information about a property that a client wants...

It appeared to Sir Edward Coke[1] that this had something to do with transferor's inability to settle the mortgage. Where there is a question about whether or not the individual can pay debt, a...

A mortgage is a transfer of an interest in immovable property. One person gives his/her property to another in exchange for money as a loan for a specific period. The loan can be taken on immov...

"Attested[1], in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to t...

From an early easement, the term was derived from the Latin word Aisementum, which means comfort or privilege. [1] It grew into "a legal right or privilege to use anything other than one's...

It is common knowledge that the Karta of an HUF often executes agreement/sale deed of an immovable property belonging to the HUF on the firm conviction that he is legally entitled to execute th...

The maxim of  equity regards as done what should have been done refers to the situation where the individuals are by an agreement or by law supposed to perform an act, equity will consider...

According to general receiving stolen property laws, it is a crime to accept or purchase any property which you believe or have actual knowledge that it was obtained through illegal means, such...

Actionable claim is defined under section 3 of the Transfer of Property Act 1882. According to section 3 of the transfer of property Act, actionable claim means, a claim to any debt, other than...

Increasing threats to the environment caused by increasing individualistic needs has stimulated the attention of policymakers round the globe on an expeditious need to deal with this sensitive ...

The Benami Transactions (Prohibition) Act, 1988 was amended by the Benami Transaction (Prohibition) Amendment Act, 2016, in which substantial provisions were added to the existing Act to provid...

Alienation refers to the transfer of the ownership of property rights, for instance, sales, gifts as well as mortgages. The first step for any individual who has acquired a property in India by...

According to Section 122 of Transfer of Property Act, 1882 Gift is defined as the transfer of certain existing moveable and immoveable property made voluntarily and without consideration, by on...

Division bench of the Apex court reviewed the Order of the Hon'ble High Court of Karnataka in a Simpliciter Suit filed for Injunction to stay proceedings without a prior order of Title. The Ape...

What is a Lease?A lease, in legal sense, is the transfer of possession of a property (immovable in nature) for a fixed tenure and consideration. A lease does not involve transfer of ownership o...

Historically, women were deprived of property rights in their families, on account of the patriarchal system, where women were considered inferior and therefore were not given the same rights as ...

The prerequisite in this context is that it is a rented place, the landlord or owner is someone who has acquired this property either by inheritance or by purchase or gift, the landlord is the na...

A Sale Agreement constitutes all the terms and conditions of the sale of a property (movable or immovable) to the buyer. Under the Indian Registration Act, 1908, an agreement for the transfer of ...

The tussle between the developed and developing countries for covid 19 vaccines has just begun. Believed by many that it is not the beginning of the end of the pandemic but the beginning of end...

The principle of right to equality and equal recognition of every person by the procedure established by law is one of the most cherished human rights principles which is reflected in all natio...

Background Of Case The case is out of the landmark cases when it comes to 'free consent.' Undue influence is such a thing where consent is not said to be free and the party whose consent was take...

The Sale of Goods Act of 1930 had a major impact on the contracts established with both buyers and sellers of goods because it established a number of new principles and rules to safeguard both...

In the case of Ireo Grace Real Tech Pvt. Ltd. vs. Abhishekh Khanna & Others the appellant filed appeals to the National Consumer Disputes Redressal Commission, which ordered a refund of the...

Sections Of Transfer Of Property Act Involved In The CaseSection 3: Attestation. There must be 2 or more competent witness to attest. Each witness must see the executant sign the instrument o...

Express or Implied Repeal The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) was repealed by the Section 56 of Mahara...

Introduction and Scope Another word for adverse is hostile or unfriendly, so what can adverse possession mean? In this research paper we shall be understanding what does adverse possession m...

West Bengal Permission requirements needed for fire license of temporary structures and pandals in West Bengal need to obtained under Sec. 23A of the West Bengal Fire Services Act, 1950. All t...

The right to shelter is a fundamental right provided to the citizen under Article 21 of the Constitution. In the leading case of Chameli Singh v. State of Uttar Pradesh, the court while upholding...

In the case of Ireo Grace Real Tech Pvt. Ltd. vs. Abhishekh Khanna & Others the appellant filed appeals to the National Consumer Disputes Redressal Commission, which ordered a refund of the...

What havoc Benami transactions has caused to our system? Exordium Transactions that qualify as Benami? The exigency for the amendment,2016 Punishment Re-transfer of property Some landmark cases...

Mortgage is a terminology that most of us know in our day to day lives. The concept of mortgage is even known to a layman. The majority idea about mortgage is moreover about the simple mortgage...

Confession per se is not defined in the evidence act, but in laymen's term, confession is the statement made by the person accused of an offence, admitting his guilt or at any rate substantiall...

Can NRIs buy real estate in India? Most people ask this question, and the answer to this question is yes. The RBI's circular now allows Non-Resident Indians to purchase certain types of property....

The case of Shehammal v. Hassan Khani Rawther and Ors.[1] deals with the application of the spes successionis rule in Mohammedan law. Section 2 of the Transfer of Property Act, 1882 provides that...

A wide-ranging number of remedial facets of the law have been taken into consideration by the Specific Relief Act of 1963. Established on the principle of Ubi jus ibi remedium, ensures that every...

The term mortgage, put simply, means the Transfer of an interest as security (commonly known as collateral) given by the borrower(mortgagor) to the loan lender(mortgagee). Thus, if the borrower i...

The housing sector is one of the most expensive sectors in India, especially in urban areas. Owning a house is a dream that everyone has, but not all of them are economically sound to achieve thi...

Through the following research paper it would be an attempt to do a deep study on what are Hire Purchase Agreements? When and where they were first introduced and implemented as a law, and how ...

Mortgage A Mortgage is a kind of security given by borrower who is the debtor (mortgagor) for repayment of loan to the lender who is the creditor (mortgagee). The object of a mortgage is to se...

The general rule is under the Transfer of Property Act, 1882 is that property can only be transferred from one living person to another living person. Because when the property is transferred t...

The Dispute Resolution mechanism is an integral part of every contract. It provides a way to solve the issue which may arise in the future. Some of the famous mechanisms are Arbitration, Mediat...

Evading taxes through investing in assets with some other name and also getting return on investment for your black money? Seems good right? The amendment of 2016 in benami transactions bill, y...

Agreement For SaleTHIS AGREEMENT of sale made at Janakpuri, New Delhi- 110012 on this 22nd day of April 2020, Mr. Sagar Kathori, (Aadhar no. ************) Son of Mr. Shyam Kathori, aged about...

Lease and License connote different meanings and thereby create different rights and liabilities for the parties involved. In legal practice often the line between the two is blurred if certain...

Illegal sale or transfer of a property: Transfer of property is passing of rights and interests of a person to someone else. The original owner of the property has the right to transfer his pr...

Right to PropertyThe latitude of Right to property is unceasingly declined by cutting down it through constitutional amendments unlike the fundamental rights. Pragmatically the right to propert...

For when the contractual rights of a person is hampered and damages can't be measured in monetary value or that if such is even though measurable in term of money but fail to provide any adequa...

Material Facts Material facts of the case are: The dispute is regarding a property by one Mrs Ramakkal Ammal. In 1951, she had created a life interest in favor of her two sisters. With a ...

Real estate means the development of land and construction in relation to immovable property. Some key aspects of real estate include- lease, sale, license, mortgage, title check etc., rel...

Material facts The following facts were relied upon by the court to reach the conclusion in the present case of Bondar Singh v. Nihal Singh[1]: The plaintiffs (respondent herein) (hereinafter re...

Meaning and essentials of LeaseThe lease is a kind of method of transmitting estate and the limitation is for a specific term of duration. It is of the concept which involves the transmitted in...

In the Matter of Nikhil Chopra V/s JVPD Properties Pvt. Ltd. Complaint number CC005000000001348 The Maha RERA observed That: The complainant has filed this complaint under Section 18 to clai...

An individual invests his hard-earned income for buying new properties. But when the seller fails to transfer the property on time, the individual does face monetary loss and faces mental agony...

Transfer Of Property Act 1882 The transfer of property act came into force on 1st of July, 1882 and may be extended to the whole or any part of India by notification in the official gazette. T...

Lis pendens means a suit under consideration of any court of law. It is an action which is pending in any court. The doctrine is enshrined under Section 52 of the Transfer of Property Act, 188...

Grant Or Refusal Of An Injunction Maria Margarida Sequeria Fernandes and Ors. vs. Erasmo Jack de Sequeria (Dead) through L. Rs. (21.03.2012 - SC) : MANU/SC/0225/2012 Grant or refusal of an in...

Before 1882 ,when the present act came into picture , the transfer of immovable property in India were governed by the principles of equity .Most of the provisions of the Act 1882 , had been ba...

The matter of the purchase of property by the Government and the reimbursement given to the claimant has become a source of controversy in modern times. Nevertheless, the concern is not recent....

Doctrine of Fraudulent TransferLord Keeper in the case of Partridge v Gopp[1]had enunciated certain words which are relevant herein. He opined that no one has power over his property to such ex...

Benami Property The term Benami is originated from the Persian language. It literally means the state of being without a name[1]. In Indian laws (in terms of property law), the term Benami transa...

The aim of this paper is to draw a comparison between Section 6(a) and Section 43 of the Transfer of Property Act, 1882. The paper takes up the case of Jumma Masjid Mercara v Kodi Maniandra Dev...

Doctrine of NoticeThe foundation of the doctrine of notice is knowledge of a fact. Knowledge here is not restricted to absolute certainty but is inclusive of such a belief in the existence of t...

Before we go into the detail of real estate sector of law, it essential for us to understand the India legislatures governing the same. Real estate in India is regulated and governed by a combi...

There might be numerous occasions in an individual's life wherein he may be required to manage assets, properties, financial balances, and so forth, however,under certain circumstances, he may no...

Presence of malicious conduct of the parties if found, becomes sufficient for the court to not grant any relief to the concerned parties, this remarkable stand was forwarded by Odisha HC i...

It has been observed over time and given the decisions of this court that the right to property has been severely undermined due to its character being that of a legal right and not a fundamental...

Introduction to Transfer of PropertyThe Transfer of Property Act, 1882 governs the law relating to property in India. Before this act came into force, there was practically no law in India rela...

The World Health Organization officially declared Covid-19/ coronavirus as a pandemic on the 11thof March 2020. As this battle against the outbreak of the virus continues unabated, a plethora of ...

It is a well-known fact that housing is one of the basic needs of humans. Access to adequate housing can be a precondition for the enjoyment of several human rights, including the rights to work,...

The force with which the global pandemic is flaring up and the reaction to it has heightened the concerns or disputes between the lessor and lessee in UAE. It is protected to state that landown...

Gift Under Transfer Of Property Act, 1882Transfer of property is an act of conveyance of property between living persons, in present or future. It is defined under section 5 of the transfer of pro...

The Novel Coronavirus (COVID -19) has raised many questions on its consequences over the contractual obligations between the Parties. Generally, in all valid agreements, it is an obligation set u...

There are separate and exclusive Acts for each sector in the Indian real estate which has been framed and governed by the central and state government of India. So, when the rents of the real est...

Onerous gifts:Where a gift is in the form of a single transfer to the same person of several things of which one is, and the others are not burdened by an obligation, the donee can take nothing b...

The word Benami means anonymous or nameless. Benami transaction means that the person who pays for the property is not the person who owns or holds the property. In a Benami transaction, a proper...

The Apex Court in the case of Dahiben vs. Arvindbhai Kalyanji Bhanusali (Gajra)(D) Thr Lrs decided on July 9,2020 has categorically held that non-payment of a part of sale consideration does ...

Plea of adverse possession can be used both as an offence and as a defence i.e. both as sword and as a shield. History of Adverse possession:Historically, adverse possession is a pretty old conce...

The banking system of India achieved another milestone with the emergence of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (SARFAESI). Th...

The Supreme Court in Civil Appeal No. 2617 of 2020 [arising out of SLP (C) No. 9866 of 2019 titled Siri Chand (Deceased) through LRs v/s Surinder Singh noted that as per Section 17 (1)(d) of th...

As India proudly marches towards the goal of flattening the curve of the epidemic the threat has prompted responses most notably, lockdown, which has fundamentally changed the nature of certain l...

Facts Of The Case Donor executed a registered gift-deed of 1/8th share of the property inherited by her from her maternal grandfather in favour of her minor son, appellant (done) and her daug...

Today the world is fast moving towards digitalization and artificial intelligence. Legislation and regulations need to keep pace and relevance with these times. The internet era has revolutioniz...

An overview into Self Re-development by Co-operative Housing Societies With the ongoing slump in the real estate market and further slowdown in the sector owing to the Covid-19 pandemic, it appear...

Happy neighbors are all alike, every unhappy neighbor is unhappy in its own way. That unhappiness often finds its painful way into a courtroom. Land has always been a contentious issue, may be ...

The real estate sector plays a catalytic role in pushing any economy along the path of progress. The Indian real estate industry by attracting massive investments into the sector has witnessed ex...

The lease is an agreement between two or more parties for the temporary transfer of property rights for a specific period of time in lieu of consideration. The party who transfers the property is...

PART 1 If you were to take a survey asking the question do you absolutely own your body?  the instant response of a disproportionate majority which answers the question will be a YES. Althoug...

Case Name: Ramanand and Others v. Dr. Girish Soni and Another Citation: (RC. Rev. 447/2017) - Court: High Court of Delhi - Coram: Justice Prathiba M. Singh The novel...

Case Name: Ramanand and Others v. Dr. Girish Soni and Another Citation: (RC. Rev. 447/2017) - Court: High Court of Delhi - Coram: Justice Prathiba M. Singh The novel Coro...

Mortgagor's Right of Redemption [Section 60]At any time after the principal money has become due, the mortgagor has a right, on payment or tender, at a proper time and place, of the mortgage-mon...

Home interprets heaven. Home is heaven for beginners.- Charles Henry Parkhurs Buying Home is a pleasant event for every person and owning a beautiful Home might be the biggest dream of their life...

Associated Hotels of India Ltd. case, is a landmark decision which expounds the test for ascertaining the nature of instrument and the distinction between a lease and a licence. The difference ...

The term mortgage plays a vital role in understanding the property law. Mortgage refers to transfer of interest vested in an immovable property for advancing a loan or for something which would g...

The Transfer of Property Act [TPA] or TOPA came into existence in 1882. Before that, the transfer of immovable property was governed by principles of English law and equity. The preamble of Act s...

Section 105 of the Transfer of Property Act defines a lease of immovable property as: a transfer of a right to enjoy such property; made for a certain time; in consideration for a price paid o...

A contract of sale is a generic term and it includes both sale and agreement to sell. Where under a contract of sale, the property in the goods is transferred from the seller to the buyer, the co...

Serving of notice to the tenant for eviction of the tenanted premises is of paramount importance. In this article we are are going to discuss essentials of a valid notice in light of several ju...

The provisions of transfer for the benefit of unborn person is contained in Section 13 of the Transfer of Property Act and Section 113 of the Indian Succession Act. As per Section 13: Where, on...

Through this article, an attempt is made to discuss the legal position of a minor (a child under the age of 18 or 21 in case a guardian is appointed) as a party to the transfer of any property. T...

Power-Of-Attorney is well-known as deed of Convenience rather deed of ConveyanceAs man became busier in the present world and it becomes more necessary for him to depend upon other to do those act...

Property: Article, item or thing owned with the rights of possession, use, and enjoyment and which the owner can bestow, collateralize, encumber, mortgage, sell or transfer, and can exclude every...

Doctrine of Part Performance is an equitable doctrine and it is incorporated to prevent fraud and from taking illegal advantage on account of non-registration of the document. This Doctrine is ba...

The Real Estate (Regulation and Development) Act (RERA), 2017 (the Act) is enacted to ensure efficiency and transparency in the real estate sector and provide a speedy redressal mechanism for pro...

My dear friends in today's article, I will tell you about Real Estate Regulation and Authority Board (RERA), If you encounter any problem reading this article, you comment the same. Prashant So...

The institution of property has a crucial relationship with mankind. There are two important rights related to property: possession; and ownership. Regarding possession, as Salmond says, it is...

The Transfer of Property Act (hereinafter mentioned as TOPA, 1882) was enacted in the year 1882 to regulate the process of transferring of property and various other conditions associated with it...

The Karnataka Real Estate Appellate Tribunal (KA-REAT) is a tribunal which was formed by the Government of Karnataka under Section 43 of the Real Estate (Regulation and Development) Act, 2016. Th...

General Rule Section 5 of the transfer of property act provides 1882, provides transfer between the living persons. Exception- There are certain section in this act which lay down certain rules r...

The Title And Ownership Title is the legal way of saying you own a right to something .For real estate purposes, title refers to Ownership of the property, meaning that you have the rights to use...

After a sudden demise of a family member, his/her legal heirs must obtain a legal heir certificate in order for transferring the assets of the deceased. In order to establish the relationship bet...

  According to section 2(e) of Indian Contract Act,1872, "every promise and every set ofpromises forming consideration for each other is an agreement. For example 'A'promises to 'B' to sell hi...

Corporate and commercial relations are an important part of any business. There are several aspects of the business where it has to follow commercial and corporate rules for conducting business. ...

One of the unexplored areas of law is Property taxation very few people intent to know why the property tax bills are to levy and charged for, it is one of the most important revenue sources to t...

In countries like that of Ukraine, California, United States, and India, there is no hard and fast rule over Surrogacy. Over a period of time, India has evolved as an excellent market for commerc...

The law of property is one of the most important spheres of law in India. It is the source of most of the litigation in India. The Transfer of Property Act, 1882 deals will different kinds of tra...

The Transfer of Property Act, 1882 contains specific provisions regarding what constitutes transfer and the conditions attached to it. According to the Act, transfer of property means an act by...

The Transfer of Property Act 1882 is an Indian legislation which regulates the transfer of property in India. It contains specific provisions regarding what constitutes a transfer and the condi...

The experience of the Property Dispute Lawyer in Delhi in dealing with several property issues successfully plays an important role in defending the interest of the client. The property law in ...

Section 41 of the Act deals with ostensible owner and it has been defined as: “Transfer by Ostensible Owner: Where, with the consent, express or implies, of the persons interested in immova...

Donor can stipulate conditions in a Gift Deed and resort to cancellation on non-compliance: The Clarification by the Supreme Court of IndiaAn appeal was made to the Supreme Court raising a fundamen...

Real Estate (Regulation and Development) Act, 2016 (RERA): A recently promulgated legislation, RERA seeks tocurb the shortcomingsof respective Ownership Acts prevailing in each state. A centre e...

Foxes have dens and birds have nests, but the Son of Man has no place even to lay his Head - Mathew 8:20, New Testament, Bible. If you are a resident of one of the metropolitan cities of our n...

Every civil suit is accompanied by three stages which starts from the initiation or institution of suit, adjudication of suit and finally the implementation of the litigation. The implementatio...

This article answers the query; whether a sale of immovable property or an interest in immovable property which is jointly owned by two persons, or more than two persons, or when such interest ...

The Real Estate (Regulation and Development) Act, 2016[1] came into force on 1stMay 2016 with 59 of 92 sections and rest of the provisions came into force on 1stMay 2017, under this Act state c...

Property, as a legal social institution, has different forms in different cultures and legal systems. However, only a definition of constitutional property is common in all democratic countries. ...