Property Law

Right of father to give Self Acquired property

Right of father to give Self Acquired property

Right of father to give Self Acquired property written by Nikhil Bharadwaj Student of Amity Law School Noida Govindbhai Chhotabhai Patel and others vs Patel Ramanbhai Mathurbhai Background The appellants were…

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Payment of rental charges is a compulsion for occupancy despite non-working of business

Payment of rental charges is a compulsion for occupancy despite non-working of business

Payment of rental charges is a compulsion for occupancy despite non-working of business written by Diksha Sharma student of Government Law College, Mumbai M/s Arun Kumar Kamal Kumar vs M/s…

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Injunctions in dispute for possession of immovable property

Injunctions in dispute for possession of immovable property written by Surya Sunilkumar student of Ramaiah institute of legal studies Pooja Mittal Vs Rakesh Kumar Abstract The apex court in the…

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An Antiquated Dispute of Property

An Antiquated Dispute of Property

An Antiquated Dispute of Property written by Surya Sunilkumar student of Ramaiah institute of legal studies V. Kalyanaswamy (D) by Lrs. and Anrs. Vs L. Bakthavatsalam (2020) Abstract On 17th…

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Punjab High Court

Land vested in the State free from all encumbrances, cannot be restituted to the land-owners

Land vested in the State free from all encumbrances, cannot be restituted to the land-owners written by Isha Sawant student of Government Law College Raghubir Singh v. State of Haryana…

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Transfer by an Ostensible Owner

Transfer by an Ostensible Owner

Abstract (Transfer by an Ostensible Owner) The author of this article intends to cover the basics of the implication of Section 41 of the Transfer of Property Act of 1882.…

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Doctrine of Election illustration

Doctrine of Election

Introduction This article will talk about the Doctrine of Election within the lenses of Section 35 of the Transfer of Property Act (TOPA). Concept As the phrase only says 'Doctrine…

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Pension paid on superannuation is ‘Property’ under Article-300A

Isha Sawant | Government Law College | 7th September 2020 Naini Gopal v. Union of India Facts: The petitioner- Naini Gopal retired as an Assistant Foreman from the Ordinance Factory at…

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Evolution of Hindu Daughter’s property right in India?

Sayani Banerjee | Symbiosis Law School, Hyderabad | 25th August 2020 INTRODUCTION Although there have been immense developments in India but the mindset of some people still remained the same…

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Right to Property still a Legal Right if not a Fundamental Right

Isha Sawant | Government Law College | 17th August 2020 Hari Krishna Mandir Trust v. State of Maharashtra (SC) Facts: One Thorat family owned plot no-473 in City Survey no.…

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UNTRANSFERABLE PROPERTY AND CLAIMS UNDER THE TRANSFER OF PROPERTY ACT, 1882.

Prachurya Sahu| Symbiosis Law, Pune. Introduction The Transfer of Property Act defines a transfer as an “act by which a living person conveys property, in present or in future, to…

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Transfer of Actionable Claim

Prachurya Sahu | Symbiosis Law School, Pune. Transfer of Property Act, 1882 Actionable claim is defined in Section 3 of the Transfer of Property Act, 1882 which was included by…

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A Condition in a Gift deed which restrains the right to alienation of a property is void

Kandeep Shravan | SASTRA Deemed to be University | 9th July 2020 Sridhar & Anr. Versus N. Revanna & Ors Facts: The Great-grandfather of the plaintiffs - Muniswamappa, and the…

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Types of Transfers governed by the Transfer of Property Act

Prachurya Sahu | Symbiosis Law School, Pune. Introduction The Transfer of Property Act of 1882 is the overarching legislation which governs the transfer of property, both movable and immovable. Chapter…

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Gift under The Transfer of Property Act

Prachurya Sahu | Symbiosis Law School, Pune Introduction The Transfer of Property Act, 1882 governs 5 different types of transactions within the meaning of a “transfer”, namely sale, mortgage, lease,…

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CATEGORIZATION OF IMMOVABLE AND MOVEABLE PROPERTY

Prachuya Sahu | Symbiosis Law School, Pune | 27th June, 2020. In law, property ascribing to a wide variety of things. Not only does it include within its purview land…

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THE RULE AGAINST PERPETUITY

Prachurya Sahu | Symbiosis Law School, Pune | 27h June, 2020 Introduction The term “perpetuity” in general parlance refers to an “a state or quality of lasting forever.” In property…

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DOCTRINE OF LIS PENDES: UPHOLDING EQUITY, JUSTICE AND GOOD CONSCIENCE

Prachurya Sahu | Symbiosis Law School, Pune | 26th June,2020 Introduction Etymologically, the word “lis pendes” refers to litigation pending. It has been derived from the common law principle of…

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TRANSFER OF PROPERTY ACT: BONA FIDE AND FRAUDULENT TRANSFERS

Prachurya Sahu | Symbiosis Law School, Pune |17th June, 2020 Introduction Transfer of Property Act of 1882 governs transactions involving the transfer of movable and immovable property between two or…

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Right to property reinforced

Disha Agarwal | ICFAI Hyderabad | 12th June 2020 Vidya Devi v State of Himachal Pradesh Facts: Appellant (Vidya Devi) who is 80 yrs old and a widow, is undisputedly…

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‘Information contained in a document is a ‘Corporeal Property’ and can be a subject matter of theft’

Yukti Gupta | Vivekananda Institute of Professional Studies | 11th April 2020 BIRLA CORPORATION LIMITED VS. ADVENTZ INVESTMENTS AND HOLDINGS LIMITED & OTHERS AIR 2019 SC 2390 FACTS-  The accused…

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Secondary Evidence does not Require Application to be led

Krisha Kamal | Presidency University Banglore | 30th March 2020   DHANPAT V. SHEO RAM (DECEASED) THROUGH LRS. & ORS. Facts: An appeal was filed against the decree of Punjab &…

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Any transfer or transaction in respect of an evacuee property is not valid unless it is made with the previous approval of the Custodian

Lisa Coutinho | Pravin Gandhi College of Law | 19th March 2020 Sitabai Shantaram Talawnekar & Ors. v. Custodian of Evacuee Property & Ors. Civil Appeal Nos. 8802-8803 of 2013…

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Judgments on Benami Transaction

Dhruv Chaudhry | Fairfield Institute of Management and Technology(GGSIPU) | 15th March 2020 INTRODUCTION Despite the truth, the Benami Transactions (Prohibition) Act, 1988 got here into pressure on 19.05.1988 (hereinafter…

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