Doctrine Of Election In Property Law

Introduction The law of estoppel underpins the doctrine of election. It is based on the concept that one cannot approbate (approve) and reprobate (disapprove) at the same time[1]. The doctrine is a type of equitable estoppel known as estoppel in …

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Rule Against Perpetuity

Introduction The word ‘perpetuity’ means indefinite period. The rule against perpetuity, also known as the rule against remoteness of vesting, means that a property cannot be transferred in such a manner that it becomes inalienable for an indefinite period. When …

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Rights And Liabilities of Mortgagee in India

Introduction In layman’s language mortgage is an agreement between the borrower and the money lender/financier/banker, where the lender is empowered to seize the mortgaged property of the borrower in default of repayment of the debt with interest. In other words, …

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Right To Property And Its Evolution In India

Introduction The word property is derived from the Latin word “propertietat” and the French word ‘proprious’ which means “a thing owned”.  When India got independence and the constitution came into force the right to property act was included in the …

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Rights And Liabilities of Lessor And Lessee

INTRODUCTION A lease is defined under section 105 of Transfer of Property Act, 1882 as, “A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in …

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