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 →
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 →
HOW TO CONVERT AGRICULTURAL LAND INTO NON-AGRICULTURAL LAND?
INTRODUCTION With the economic liberalization and globalization in 1990s, urbanization in India became a cake-walk. Cities are spreading and developing, acquiring the agricultural land for transforming into commercial and industrial projects. However, barren lands over fertile lands have always been preferable to use it for non-agricultural purposes. To delve deeper into this conception, let us... Continue Reading →
STAMP DUTY ON PROPERTY REGISTRATION
INTRODUCTION Out of many transactions that we come across in our life, one of the significant transactions relate to property which are of utmost value for our State. Hence State has always wanted to build a strong mechanism to synchronise such transactions with a motive of gaining some revenue through the form of stamp duty... Continue Reading →
Security Deposit while renting the property
"Service is the Rent we pay for the Privilege of Living on this Earth.” Introduction A security deposit is an amount that a tenant pays to the landlord at the start of the tenancy. The sum that a tenant gives the landlord as a security deposit is paid at the beginning of the tenancy. It is... Continue Reading →
Fraudulent Transfer Of Property
Meaning The illegal transfer of property made with fraudulent intention to restrict and defeat the interest of the creditor or any subsequent transferee shall be voidable at the option of such creditor or transferee and such a transfer shall be viewed negatively on the grounds of equity and justice. This transfer is called ‘fraudulent transfer... Continue Reading →
HOW TO APPLY FOR SUCCESSION CERTIFICATE
SUCCESSION CERTIFICATE According to the Indian Succession Act of 1925, a Succession certificate is a legal document that a court issues to a deceased person's legitimate heirs. who passed away intestate. In the absence of a will, a succession certificate will serve as the main legal instrument through which the heirs can assert their right... Continue Reading →
Mortgage: Types,Rights and Duties of Mortgagor
Introduction A mortgage is a kind of security given by the mortgagor for repayment of the loan to the mortgagee. Thus, if the borrower is unable to repay the loan or becomes insolvent, it protects the lender, as he acquires the right over the mortgaged property. Mortgagor and mortgagee are the parties who have an... Continue Reading →
An analysis of the concept of Easements and its transfer under the Transfer of property Act,1882
Introduction Ever since the evolution of human societies, there has been a need for accumulation of resources essential for survival; food, water, etc. This was premised on the uncertainty of nature. Early humans did not have the guarantee of constant access to resources. Once we learnt how to grow crops, which served as a constant... Continue Reading →
Gulabo Sitabo: A Mansion Won by None
Gulabo Sitabo is an Indian film released in 2020, which revolves around one ancestral property and every character in the film trying their ways to acquire the property, Mirza, archaeology department, the builders, and tenants, to fulfil their own greediness. Mirza is the greedy husband of Fatima Begum, the owner of the ancestral property, Haveli,... Continue Reading →
bequests and it’s types
Introduction. The concept of bequest is used in Testamentary succession. When a person who by the way of will transfers the property to another person a bequest plays an important role. The act of leaving something for other through a will is called bequest. Bequest are of various types. For a will to be valid... Continue Reading →
DOCTRINE OF FEEDING THE GRANT BY ESTOPPEL
The doctrine of feeding the grant by estoppel is based on the concept of 'nemo dat quod nonhabet which means that no one can give to another, who does not have one'. Section 43 of the Transfer of Property Act stipulates that “if a person fraudulently or wrongly assumes that he or she is authorized... Continue Reading →
rights and liabilities of a mortagor
ARTICLE: RIGHTS AND LIABILITIES OF A MORTAGOR The term mortgage, put simply, means the Transfer of an interest as security (commonly known as collateral) given by the borrower(mortgagor) to the loan lender(mortgagee). Thus, if the borrower is unable to repay the loan or becomes insolvent, it protects the lender, as he acquires the right over... Continue Reading →