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 →

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 →

TRUST OWNED PROPERTY

A trust is an arrangement by which the property of the author of the trust or settlor is transferred to another, the trustee, for the benefit of a third person, the beneficiary. In general terms, trusts fall into one of two categories, private trusts and public trusts. The India Trusts Act, 1882 (act) governs private... Continue Reading →

MORTGAGE BY TITLE DEED DEPOSIT

The concept of Mortgage by deposit of title deeds is unique and seemingly simple as compared to the other kinds. Here, the debtor just delivers to the creditor the documents i.e., the title-deeds of immovable property with intent to create a security. Mortgage was a well-established mode for taking a loan since ancient times. In... Continue Reading →

AWARD UNDER LAND ACQUISITION ACT

Land Award means that portion of the award in condemnation proceedings which represents the value of the land and of any subsurface installations of sanitary sewers, storm sewers, water systems pipes, landscaping, and the curbing, surfacing and other improvements to any streets or ways which may be taken, the consequential damages to any part of the... 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 →

WHO IS A LEGAL HEIR?

INTRODUCTION Section 3(1) clause (f) of Hindu Succession act describes heir as any person, male or female, who is authorised to succeed to the property of an intestate(person dying without making a will).In accordance with Indian law, someone who is resolved to inherit an ancestor's estate who passed away without leaving a will or naming... Continue Reading →

PROCESS OF LAND ACQUISITION IN INDIA

INTRODUCTION The Indian Parliament passed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, which governs land acquisition and establishes the process and guidelines for providing compensation, rehabilitation, and resettlement to those who are impacted in India. The Act includes measures for fair compensation for landowners who lose their... Continue Reading →

LAWS RELATED TO RENTING PROPERTY IN INDIA

DEFNITION: Rental Property means a parcel of residential real property that is wholly owned by or acquired by a Borrower and the fee title to which is held by such Borrower, together with all Improvements thereon and all other rights, benefits and proceeds arising from and in connection with such property. Laws in India are the state... 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 →

THINGS TO BE AWARE IN BUILDER – BUYER AGREEMENT

A builder-buyer agreement is nothing but an ‘Agreement for Sale’. This document indemnifies that the said bought property is transferred on the buyer’s name and all the rights towards the same are transferred to new owner’s name subject to the mutually acceptable clauses mentioned in the agreement. It includes different annexures, approvals, flat layout, terms... 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 →

RIGHT TO PROPERTY OF SECOND WIFE AND CHILDREN

Introduction When we speak about second wife, the first thing which comes in our minds the legality attached with second marriage.The various personal laws have different rules regarding this.Starting with Hindu law we will first learn about the legality of second marriage according to hindu law. According to The Hindu Marriage Act,1955, section 5, a... Continue Reading →

PROCESS OF LAND ACQUISITION IN INDIA

INTRODUCTION The Indian Parliament passed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, which governs land acquisition and establishes the process and guidelines for providing compensation, rehabilitation, and resettlement to those who are impacted in India. The Act includes measures for fair compensation for landowners who lose their... 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 →

WHAT IS AGRICULTURAL LAND?

Agricultural land in general sense means an area of land used for agrarian utilization particularly for growing crops, rearing livestock with a common objective of providing food to humans. The United Nations Food and Agriculture Organization (FAO) claims agricultural land as the amalgamation of different types of lands which have been described hereinunder: This land... 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 →

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