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 →

POWER OF POLICE TO SEIZE ANY PROPERTY DURING AN INVESTIGATION

Introduction Law enforcement agencies like police of a state has been empowered with due legislative prescriptions to seize property consisting of vehicles, money or other miscellaneous property. Real property may be seized for possession of illegal narcotics and drugs or seizure of property often involves those properties which are suspected or alleged to be stolen.... Continue Reading →

WHAT IS CONTINUOUS EASEMENT RIGHT ?

MEANING Generally speaking, easement refers to the property right by way of nonpossessory interest held by someone to use the facilities on a certain premise for a certain purpose without any legal entitlement. According to Halsbury’ Laws of England, an easement is “a right annexed to land, to utilize other land of different ownership in... 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 →

CANCELLATION OF POWER OF ATTORNEY IN INDIA

According to the Power of Attorney Act of 1882, a POA is any document that gives a specific person (the agent) the authority to act on behalf of and on behalf of the person who executed it (principal).Hormusji K. Bhabha vs Nana Appa on 30 January, 1934 defines Power of Attorney. The agent may also... Continue Reading →

What is Continuous Easement ?

Freedom and Property Rights are inseparable. You can't have one without the other.                                                                                                                                 -George Washington  INTRODUCTION What is an easement?  The concept of the easement has been defined under Section 4 of The Indian Easements Act, 1882. According to the provisions of Section 4, easement or easement agreement is a term that describes a situation in which one party... Continue Reading →

Second Marriage: Property rights of Second Wife and Children

Understanding Succession In the last ten years, many aspects of Indian inheritance law have been made clearer in an effort to end disputes. A well-liked change was the Hindu Succession Act of 2005, which grants a daughter complete rights to the father's ancestral property as long as she can demonstrate her succession. Let's understand with... 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 →

DAMAGES OF PROPERTY AFTER TENANCY COMMENCES

INTRODUCTION The phrase "landlord and renter" typically refers to a housing arrangement. Thus, a lease is a legal agreement that establishes a relationship between a lessor and lessee in which the lessor owns the property and rents it to the lessee. The law of leases does not necessarily address living conditions, nevertheless. For instance, a... Continue Reading →

What are easement rights?

Salmond defined an easement as a legal servient that can be used on another piece of the property exclusively for the sake of enjoying one's own property. A right of easement is essentially a privilege that includes the ability to perform an action or forbid an action on another piece of property in order to... Continue Reading →

What is Completion Certificate?

A certificate does not make you certified. Attitude, performance, commitment to self and team - these and a certificate make you certified. INTRODUCTION After a housing project has been completed in accordance with a building plan that has been approved, it is granted a completion certificate, which is a legal document. Any housing project that... Continue Reading →

Difference between Carpet area, built-up area, and super built-up area

Understanding the lingo used by real estate brokers may help you as a prospective homebuyer avoid costly mistakes that could hurt your chances of finding the ideal property. Brokers and realtors frequently use terms and phrases that leave us perplexed in their presence. Brokers and realtors frequently use terms and phrases that leave us perplexed... Continue Reading →

Actionable Claim under Transfer of Property

Section 3 of the Transfer of Property Act of 1882 specifies what constitutes an actionable claim. A claim to any debt, other than a debt secured by a mortgage of immovable property or by the hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the claimant's possession, either... Continue Reading →

Power of Police to seize any Property During an Investigation

The police officer has the authority to seize certain property under Section 102 of the Code of Criminal Procedure, although it is not specifically stated that they may do so without a court warrant. Any property that is allegedly stolen, suspected to have been stolen, or that is discovered in circumstances that raise suspicions of... Continue Reading →

Simple Mortgage

What is a Mortgage? A mortgage is defined as the transfer of an interest in a specific piece of real estate for the purpose of guaranteeing the repayment of funds advanced or to be advanced as a loan, the payment of an existing or future debt, or the performance of an agreement that may result... Continue Reading →

Registration of a sale deed in India

What is a sale deed? The sale deed is the primary legal instrument through which the seller gives the buyer or purchaser complete possession of the property in exchange for payment of a price or other consideration. To acquire unrestricted rights in a piece of property, a sale deed becomes a necessary legal document that... 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 →

DIVISION OF PROPERTY BETWEEN DAUGHTER    AND DAUGHTERS-IN-LAW

PROPERTY In a general, sense, property is any physical or virtual entity that is owned by an individual or jointly by a group of individuals. Any tangible or intangible thing that is owned by a single person, a group of people, or both is considered property. The property right is belonging to the owner. Property... Continue Reading →

PROPERTY RELATED TRANSACTION THROUGH POWER OF ATTORNEY

INTRODUCTION POWER OF ATTORNEY Section 1(A) of Powers of Attorney Act 1882 says,“power-of-attorney” specifies any instrument authorising a specified person to act for and in the name of the person executing it.An official instrument known as a power of attorney enables one individual to act on behalf of another. While the principle is the object... Continue Reading →

CONSUMER LAWS RELATED TO PURCHASE OF PROPERTY

Introduction A ‘Consumer’ is an individual who buys goods and services for personal consumption in contradiction to manufacturers who produces the goods and services for profit earning. The Consumer protection Act, 2019 defines “consumer” as a person who buys any goods and hires or avails of any service for consideration but does not include a... Continue Reading →

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