Effect of Disputes on the Partition of Property in India

Private property is a necessary institution, at least in a fallen world; men work more and dispute less when goods are private than when they are in common.                                                                                                                                                                                                         R. H. Tawney Family disputes can result in a forced partition. Partition of property takes region while there may be joint possession of or greater individuals... Continue Reading →

FREEHOLD PROPERTY IN INDIA :

Introduction : Freehold property is any estate that is "free from hold" of any entity other than the owner. As a result, the owner of such an estate has perpetual free ownership and can utilise the land for any purpose, subject to local rules. A freehold property is more expensive than a leased property since... Continue Reading →

Forest Land in India

Introduction Forests are an invaluable natural resource. They provide us raw materials such as wood, timber, minerals, fodder, fuel, etc. They prevent soil erosion, provide shelter to tribal people, maintain the balance of the ecosystem and function as the guardians of the diverse wildlife that our country houses. Apart from this, many forests in India... Continue Reading →

Salient Features of the Maharashtra Land Revenue Code, 1966

Introduction Land provides us with our basic necessities such as food, clothing and shelter. It has always been an important axis for economic activities necessary to sustain human life. No developmental activity is possible without taking land into consideration. Goods can be moved around but land is immovable. Hence, the capability of land to provide... Continue Reading →

All about The Doctrine of Lis Pendence (Pending Suit) in Transfer of Property Law.

Introduction : The doctrine of lis pendence is a legal principle that states that a title to property cannot be transferred until the debtor has received the funds they are owed. This principle is important in property law because it helps to prevent creditors from seizing property until they have been paid. This principle is... Continue Reading →

THINGS TO REMEMBER BEFORE TAKING A HOME LOAN IN INDIA : PRECAUTIONARY MEASURES

Introduction : In the past few years, home loans have become more accessible to Indians. Today, you no longer need a collateral to get a bank loan and the home loan interest rates are quite affordable as well. However, despite all these benefits, taking a home loan in India is still not easy. There are... Continue Reading →

RIGHTS OF AN ILLEGITIMATE CHILD OVER THE IMMOVABLE PROPERTY

Introduction :The inheritance rights of illegitimate children are governed by Section 16 (3) of the Hindu Marriage Act, 1955, which states that ‘such children are only entitled to the property of their parents and not of any other relation’. This implies that an illegitimate child would only have the right to his father’s self-acquired property,... Continue Reading →

Compensation Provisions and Determinants under The Land Acquisition Act

Introduction : The Land Acquisition Act, 1894 is an act of the Indian parliament for the acquisition of land for public purposes. It was enacted by the British government in 1894, and was the first law enacted by India's independent government in 1947. The act has been amended several times since then. The act provides... Continue Reading →

Who is a Legal Heir?

Introduction Property is an essential asset of a person’s life owned during and after his lifetime. Property is acquired for various purposes like shelter requirement, investment or financial security.[1] Property can be self-acquired i.e. purchased with a person’s own money or it can be ancestral, i.e. property of the ancestors inherited by the successors. These... Continue Reading →

What is Completion Certificate?

A certificate does not make you certified. Attitude, performance, commitment to self and team - these and a certificate make you certified. INTRODUCTION After a housing project has been completed in accordance with a building plan that has been approved, it is granted a completion certificate, which is a legal document. Any housing project that... Continue Reading →

Actionable claim under Transfer of Property

Introduction In India, the Transfer of Property Act, 1882[1] deals with the laws relating to the transfer of properties. However, this act does not incorporate all types of properties, or all types of transfers neither does it include all the rules regarding the different modes of transfer. Hence, the Transfer of Property Act, 1882 is... Continue Reading →

Mortgage by Conditional Sale

Introduction In India, the Transfer of Property Act, 1882[1] contains the provisions for an array of concepts including the concept of mortgage. Apart from this, the Hindu and Muslim personal laws also recognize the concept of mortgage. The concept of mortgage is very similar to the concept of ‘hypotheca’ of Roman law.[2] Here, if the... Continue Reading →

Actionable Claim under Transfer of Property

INTRODUCTION The transfer of property act is generally based on immovable property, but some of its provisions can also be laid on movable property. In general, an actionable claim refers to one that allows you to take legal action. It signifies there is a claim and you can approach the court to have it enforced.... Continue Reading →

Security Deposit while renting the property

"Service is the Rent we pay for the Privilege of Living on this Earth.” Introduction A security deposit is an amount that a tenant pays to the landlord at the start of the tenancy.                The sum that a tenant gives the landlord as a security deposit is paid at the beginning of the tenancy. It is... Continue Reading →

NOC for transfer of Properties from Legal Heirs

NOC for transfer of Properties from Legal Heirs A NOC is a document that states certain information about a property and is issued by government bodies, local governments, banks, and even individuals. In real estate deals, a NOC serves as confirmation that the NOC provider would not face any legal issues if the transaction goes... Continue Reading →

What are Easement Rights?

Introduction The Right of Easement has been in existence since time immemorial even back when the human race first emerging from cruelty and violence, embraced the custom of living as each other’s neighbors and respecting each other’s rights. It was crucial for the common good of the society to adopt the universal principle that an... Continue Reading →

CONCEPT OF CORPORATE PERSONALITY

INTRODUCTION A person is a human being who is capable of thought, expression, and the holding and exercise of rights and obligations. But is the term "person" limited to just natural persons? The response would be no. Even an artificial person falls under the notion of a person, which goes beyond a genuine person. "Any... Continue Reading →

Attachment of Property under Benami Act

Introduction In recent times, the government has taken major steps to end the rampant problem of unaccounted money or Black money. One of the major areas for generation of black money in India is the Real estate sector. In view of this, Benami Transactions (Prohibition) Act, 1988 [1] having 8 sections, was introduced. The act... Continue Reading →

Kinds of rights under the jurisprudence

In layman's language, the word "right" indicates the highest allowed behaviour within a certain area. It implies that a person's legal right is the standard of acts that are permitted by law. The term right refers to any course of conduct authorised by law. Similarly, the phrase "legal right" denotes the minimum legally permissible activity.... Continue Reading →

National Human Rights Commission:Composition, Powers and Functions

Abstract : 1. Composition of National Human Rights Commission. 2. Functions of Human Rights Commission. 3. Powers of Human Rights Commission. Article: • Section 3 in The Protection of Human Rights Act, 1993 deals with the constitution of the NHRC Constitution of a National Human Rights Commission.— (1) The Central Government shall constitute a body... Continue Reading →

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