Category: Property Law

Absolute and Partial Restraints on Transfer

The extent to which a person transferring real or personal property may limit its subsequent disposition by the transferee has for centuries been a problem troubling the courts. However, the context in which the present-day struggle arises is a far cry from the feudalistic society existing in England when the restraints on alienation doctrine was developed, yet the materials which follow evidence quite clearly that the judicial role in articulating and enforcing the doctrine is beginning anew.

Concept Of Execution

By Abhishek Kumar, CNLU INTRODUCTION Execution is the last stage of any civil litigation. There are three stages in litigation: Institution of litigation. Adjudication of litigation. Implementation of litigation. Implementation of litigation is also known as execution. A decree will come into existence where the civil litigation has been instituted […]

The Right to Property of Hindu Women

By Ayushi Singhal, NUJS INTRODUCTION It is common knowledge that the Indian society is predominantly patriarchal and the preferential rights given to men with respect to property, both movable and immovable, are just another manifestation of the male centric societal structure. Giving women the right to inherit, own, use and […]

Interest of Hindu Women in Coparcenary Property under Hindu Succession Act, 2005

By Deepali Kumar, Guru Gobind Singh Indraprastha University, Delhi “Editor’s Note: India has been a patriarchal society where women have been unfairly discriminated against. This was reflected in laws like the Hindu Succession Act, 1956, which did not give women a birth right in the joint family property under Mitakshara coparcenary. The […]