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 the Legislature in Section 2(6) of the Registration Act and Section 3(26) of the General Clauses Act. INTRODUCTION The phrase ‘benefits to … [Read more...]
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. It is understood that with each matter, the law on this point gets trickier. This paper is a handy guide to caselaws on the … [Read more...]
Absolute and Partial Restraints on Transfer
By Sonakshi, National Law University Jodhpur Editor's Note: 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 … [Read more...]
Concept of Property Rights
- Anonymous it deals with the element of public policy, meaning that it is intervention of the state in the otherwise state of chaos[i]. The element of public policy comes in whenever the work in question is one which can harm the efficiency of the market or the disturb the equilibrium of the … [Read more...]
Transferability of Immovable property
- Anonymous Transfer of a property can be made in two ways, firstly by act of parties and secondly by law. Under act of parties, Transfer of Property Act (TOPA) exists, which gives us further divisions that is whether the property is movable or immovable, transfer for movable property and immovable … [Read more...]
Concept Of Execution
- 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 … [Read more...]
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 a specific immoveable property for the purpose of securing the payment of money. This paper examines all essentials of a simple mortgage in detail, as well as its … [Read more...]
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 parties vis-à-vis the property owners. This paper examines the landmark judgment of Ramcoomar Koondoo v. John and Maria McQueen, the decision … [Read more...]
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 by paying the loan. This right arises out of equity, and is commonly known as the right to redemption. It is codified under § 60 of the Transfer … [Read more...]
“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 property, including stocks, shares, crops, grass, severable objects, etc. It is supplemented by the definitions of movable and immovable property under § 3(36) … [Read more...]