Understanding the term ‘Benefits to arise out of land’
By Pallavi Verma, RMLNLU Editor’s Note: This article explains how the case laws have interpreted the term ‘benefits to arise out of land’ as used by
Alienation of Property
By Ria Jain, UILS, Panjab University Editor’s Note: Many of the civil cases coming to the courts today involve disputes regarding property and its alienation.
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 Property Rights
By Anonymous Introduction It deals with the element of public policy, meaning that it is an intervention of the state in the otherwise state of
Transferability of Immovable property
By Anonymous Introduction Transfer of a property can be made in two ways, firstly by an act of parties and secondly by law. Under the
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
Simple mortgage
By Sagnik Saha Editor’s note: A mortgage as per § 58 of the Transfer of Property Act, 1882 is the transfer of an interest in
Ostensible owner under TPA
By Siddhant Sharma Editor’s note: Transfer of property by an ostensible owner is a concept which was incorporated to protect the rights of innocent third
Doctrine of clog on redemption
By Akshay Malpani Editor’s note: When a mortgage takes place, there exists a right of the mortgagee to buy back the property without any encumbrances
“Goods” under the Sale of Goods Act, 1930
By Aditya Sood Editor’s note: ‘Goods’ have been defined under § 2(7) of the Sale of Goods Act, 1930, to include every kind of movable
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
Mortgage by Conditional Sale
By Astha Pratik, NUJS INTRODUCTION Mortgage is a term most of us are familiar with even if we aren’t aware of its legal definition. The
Partition under Land Laws of Punjab
By Harpreet Kaur, UILS, Chandigarh “Editor’s Note: Partition is an important subject under land laws. This paper seeks to examine the land laws governing partition
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
The Doctrine of Part Performance
Section 53A of the Transfer of Property Act, 1882 seeks to protect the prospective transferees by allowing them to retain the possession over the property, against the rights of the transferors, who after the execution of an incomplete instrument of transfer, fail to complete it in the manner specified by law, without there being any fault on part of the transferees. This section therefore provides for a partial importation of the English doctrine of part performance. It furnishes a statutory defense to a person who has no registered title in his favour to maintain possession. To understand the concept in a better way, an elaboration is essential. The author has provided the same by placing reliance on the statutory provisions as well as case laws.
Transfer of Property to an Unborn Child
By Shivani Gupta, HNLU Raipur Editor’s Note: The paper discusses the transfer of property to an unborn child in the future. By association, the writer
Meaning of Execute A Proper Conveyance in S. 55(1)(d), Transfer of Property Act
Mohd Hashim RMLNLU, Lucknow “Editor’s Note: The paper deals with the meaning of the phrase “executing a proper conveyance” as used in Section 55(1)(d) of
Execution of Registration Act, 1908: Hard Reality in North India
By Harshit Dusad, ITM University Law School, Gurgaon “Editor’s Note: The Registration Act, 1908 was enacted to enable easy registration of property, which in turn
Section 39 of Transfer of Property Act, 1882
By Nabarun Chandra Ray, GNLU Editor’s Note: The Transfer of Property Act 1882 a legislation which regulates the transfer of property in India. It contains
