Memorandum of Settlement with respect to Family Disputes

When it comes to estate planning, every well-meaning lawyer or financial adviser advocates writing a will to avoid family disputes over inheritance. However, it may not always be an efficient way to transfer assets to legal heirs because a will, registered or not, can not only be challenged by family members in the court of... Continue Reading →

Can a person be disposed of his own property?

The right to property was earlier a fundamental right, under Article 19 (1) (f) and Article 31, both enshrined in Part-III of the Indian Constitution. Article 19 (1) (f) guaranteed Indian citizens the right to acquire, hold and dispose of their properties. On the other hand, Article 31 guaranteed the right against property deprivation.However, problems... Continue Reading →

Salus populi suprema lex

Salus Populi suprema lex is a Latin legal maxim that means the welfare of the people shall be the supreme law. The maxim tends to imply the information that the law exists to serve the common good. This can be achieved only when justice is administered lawfully, judicially, without fear or favor, and without being... Continue Reading →

Revocation and Suspension of Gift

WHAT IS A GIFT..? The gift is dealt with under Section 122 of the Transfer of Property Act. It defines a gift as “…the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the Donor, to another, called the Donee, and accepted by or on behalf of... Continue Reading →

Process for Initiating ReDevelopment of Building

What is a redevelopment and why is it required? Housing redevelopment is a process in which residential premises are reconstructed by demolishing the existing structure and constructing a new one in its place, according to the respective authority's approvals.The process works best when the housing society has reached the end of its construction lifespan, in... Continue Reading →

Onerous Gift

What is an Onerous Gift? Section 127 of The Transfer of Property Act, 1882 specifies that- “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 by the gift... Continue Reading →

Powers of Collector

Who is a Collector? A Collector formally addressed as the District Collector, is any person given the power to collect or manage collection in a district or territory. He is the highest Indian Civil Administrative Officer who is in charge of the collection of revenue and administration of a district in the country. District Collector... Continue Reading →

Stamp Duty On Gift Deed

What is a Gift Deed? A gift deed is a legal document that gives details regarding the voluntary transfer of a gift from the donor(i.e. owner of the property) to the donee (i.e. receiver of gift) without any compensation or favor in return. A gift deed can be made for both movable goods as well... Continue Reading →

Mortgage of Property

Introduction Under the Indian legal system, properties are divided into two categories – movable and immovable properties. Transfer of Movable property is governed by the Sale of Goods Act, 1930 whereas transfer of immovable property is governed by the Transfer of Property Act, 1882. Before this Act came into force there was practically no law as to... Continue Reading →

HINDU UNDIVIDED FAMILY

What is a Hindu Undivided Family?The Joint Hindu Family business is a distinct form of organization that is very much peculiar to India. Joint Hindu Family Firm is created by the operation of law and not by any contract. It does not have any separate legal entity from that of its members. The laws that... Continue Reading →

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