By Palak Verma, Amity University Editor’s Note: Notes on the Right of Redemption of a Mortgagor under Property Law. INTRODUCTION Right of redemption is the right which every mortgagor possess, which is created by virtue of the mortgage deed. This right is considered to be inalienable, and cannot be taken away […]
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.
By Akash Mishra, WBNUJS Editor’s Note: This paper discusses the doctrine of election which is given in Section 35 of the Transfer of Property Act and also Sections 180-190 of the Indian Succession Act. It goes on to discuss the exceptions to the doctrine and also the modes of election. INTRODUCTION […]