TRUST PROPERTY: Trust property refers to the asset or assets that the grantor or settler (the trust creator) transfers into the trust for the purpose of providing benefits to the beneficiary or beneficiaries (an individual, group of individuals or public) during his or her lifetime or on his or his death (the grantor’s death). Trust... Continue Reading →
BUYING A PROPERTY THROUGH GENERAL POWER OF ATTORNEY
POWER OF ATTORNEY (POA): The concept of Power of Attorney has been discussed under two statutes of India which includes The Powers of Attorney Act, 1882, and The Indian Stamp Act, 1899. The Power of Attorney has been defined as the instrument which empowers a specified person to act on behalf of the person executing... Continue Reading →
MORTGAGE BY DEPOSIT OF TITLE DEED
A mortgage by deposit of title deed or an equitable mortgage of immovable property is a widely used methodology of creating security against a loan availed from banks and other financial institutions in India. But, it is easily open to fraud. This is because of the reason that it is created merely by the deposit... Continue Reading →
HOW TO CONVERT AGRICULTURAL LAND INTO NON-AGRICULTURAL LAND
Agricultural land is commonly defined as the part of the area of land that is under permanent pastures, crops or arable, and so forth. The law prohibits building houses, factories, industries, etc. on the agricultural land irrespective of the ownership of the property. Any construction on the agricultural land is allowed to take place only... Continue Reading →
ENGLISH MORTGAGE
The English Mortgage is defined in Transfer of Property Act, 1882 under Section 58(e). The Sub – Section (e) of Section 58 states that, “Where the mortgagor binds himself to repay the mortgage – money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but it is subjected to a proviso... Continue Reading →