Division of Property between daughters and daughter-in-law

Ownership and the idea of property are intertwined in many ways. The two are related and mutually dependent on one another. The existence of one entail that of the other. Property cannot exist without ownership, and ownership cannot exist without property. In addition to its everyday meaning in the modern day, "property" also has broader... Continue Reading →

A CRITICAL EVALUATION OF THE DOCTRINE OF ELECTION

Introduction The concept of doctrine of election is acknowledged in “transfer of Property Act 1882” which is mentioned in section 35. However, in “Indian Succession Act” it is mentioned in within 180-190 sections. “Election” means it is a choice between two differing or two contradictory rights. In this concept you cannot have both you can... Continue Reading →

Procedure for registration of a gift deed

A Gift Deed is a legal document that is used when one party freely transfers ownership of a movable or immovable property to another party. When it comes to cases involving the inheritance of property, having a Gift Deed can help reduce the likelihood of litigation. Charges that have been determined by the state government... Continue Reading →

TRUST OWNED PROPERTY

The grantor, also known as the person who created the trust, is responsible for transferring assets into the trust during their lifetime. Upon the grantor's passing, the trust becomes the beneficiary of any assets that were put into the trust. Real estate and other types of property, both tangible and intangible, such as a bank... Continue Reading →

PROPERTY RIGHTS OF ILLEGITIMATE CHILD

A child born out of wedlock is considered as illegitimate child as the relationship of the parents determines the legitimacy of the children. Therefore, an illegitimate child is considered to be nullis filius which basically means having no legal relationship with his or her parents. The laws for legitimate child and illegitimate child are very... Continue Reading →

Compensation under land acquisition act

Introduction "Karl Polanyi referred to labour as a fictitious good. Even more troublesome is land. Land is nothing more than abstract thought portrayed as a continuum of competing dreams. How is it possible for a varied group of dreamers to share a same value about land? In India, the term "land acquisition" refers to the... Continue Reading →

List of Statutory registers to be maintained under companies’ act 2013?

Introduction: For an organization to function efficiently and adhere to the statutory requirements, it is essential to maintain certain records and registers. Maintaining such records and registers are important for fulfilling statutory, disclosure, statistical, MIS purposes.  Maintaining such records helps in ensuring that the operations of an organization are systematic. Companies Act, 2013 requires every... Continue Reading →

WHAT IS COLLECTORS LAND

INTRODUCTION: Collector's properties are often distributed on a 99-year leasehold basis. The people who live in such leasehold premises are referred to as Class II occupants. As Class I owners of freehold homes, these residents' rights are restricted. The owner needs the collector's approval before they can rent, lease, gift, or sell the item. The... Continue Reading →

HINDU UNDIVIDED FAMILY PROPERTY

INTRODUCTION: India is a vast nation where many various religions and faiths are followed. They are subject to various personal laws. The majority of Hindus are also subject to a different set of personal rules regarding domestic matters including succession, marriage, and divorce. A Hindu man can start a HUF as soon as he gets... Continue Reading →

PROPERTY RIGHTS OF ILLEGITIMATE CHILDREN

The Latin root of the word "illegitimacy" means "not in conformity with the law." Since the relationship between the parents determines the children's legality, a child born out of wedlock is regarded as an illegitimate child. As a result, an illegitimate kid is referred to as being "nullis filius," which simply implies that they have... Continue Reading →

English Mortgage

An English Mortgage is defined under Section 58 of the Transfer of Property Act 1882. Introduction:   What is an English Mortgage?         English mortgage is basically a type of mortgage wherein, the mortgagor(borrower) gives the rights of property to the mortgagee (lender) in case of payment default or repayment failure. In... Continue Reading →

Things to Know Before Renting a Commercial Property in India

Real estate investing even on a very small scale, remains a tried and true means of building an individual's cash flow and wealth. INTRODUCTION What is commercial property? Property purchased for residential purposes is referred to as residential property, whereas property utilised for commercial purposes is referred to as commercial property. It is seen as... Continue Reading →

NOC for Transfer of Property from Legal Heirs

A no objection certificate or NOC is a very important document that establishes the legality of a particular transaction.  INTRODUCTION What is a No Objection Certificate? A No Objection Certificate (NOC) is a document granting consent for the purchase or construction of property to a person or a company. Applicants must get a No Objection... Continue Reading →

Can a Gift Deed be Challenged in India ?

What is a Gift Deed? A gift deed is a legal document that can be used to transfer immovable property in accordance with section 122 of the Transfer of Property Act, of 1882. A gift deed includes information about the property, the transferrer, and the recipient, similar to what a sale deed does. However, it permits... Continue Reading →

Things to be aware in Builder – Buyer Agreement

A builder-buyer agreement is a document which specifies the modalities, conditions and clauses between a builder and a homebuyer. The builder-buyer agreement contains clauses referring to the property in question, delivery information, and terms relating to default and late project delivery, among other things. At one point, delayed real estate projects affected the Indian real... Continue Reading →

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 →

Rights of a husband in wife’s property

After a divorce in India, a wife may be entitled to certain property rights in her former husband's estate.When a couple decides to divorce, it is a very difficult and stressful moment for them. Property issues, on the other hand, make things even more complicated. What would happen if the husband and wife were to... Continue Reading →

COMPANIES ( WINDING UP) RULES, 2020 AND ITS IMPACT ON NCLAT

INTRODUCTION A company's dissolution is the final stage of its existence. It is the process by which the company is terminated, i.e. the process by which its corporate existence ends and it is finally dissolved. A company can be wound up by a National Company Law Tribunal ("Tribunal") or by voluntary winding up, according to... Continue Reading →

LAWS RELATED TO RENTING PROPERTY IN INDIA

Many people still don't have an idea about how to rent the property and what amendments have been made, its benefits, and its importance in this particular situation. What are the legislations that have been enacted in order to solve the dispute between tenant-landlord through filing civil litigation in case of the breach or for... Continue Reading →

PROCEDURE FOR REGISTRATION OF GIFT DEED

GIFT DEED A Gift Deed is a legal document that represents a transfer of gift from one person to another as per the provisions of the law. Gift Deed is a legally binding written document defined in Section 122 of the Transfer of Property Act, 1822, through which the donor can transfer an existing movable or... Continue Reading →

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