Contract to sell or let property by one who has no title not specifically enforceable under the Specific Relief Act

Introduction In India, Specific Relief Act was initially enacted in 1877 based on the doctrines advanced by the English Equity Courts. Upon the recommendations of the Law Commission of India, the earlier act was repealed and later, the new act came into force. Now, the law regarding specific performance is enshrined under the Specific Relief... 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 →

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 →

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 →

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 →

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 →

Inheritance of Tenancy

Introduction Property is one of the many essential assets that a person owns during his lifetime. After his demise, the same is inherited by his successors. Tenancy rights in a property often become a reason for disputes and litigation upon the death of a tenant. The main reason of such disputes is the ambiguity surrounding... Continue Reading →

Coparcenary

Introduction Coparcenary, in general terms refers to a type of ownership of property where multiple people inherit the same property. Here, each person owns an undivided, transferable interest in the property. The term ‘coparcenary’ has its origin in the English common law. In India, Coparcenary is dealt under the Hindu Succession Act 1956 [1]. Under... Continue Reading →

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