Introduction Birthdays, anniversaries, festivals and achievements are some of the occasions on which gifts are received by people. By ‘gift’ I mean a token of love that one person or a group of persons give/s to the other in the …
The right to property[1] was a fundamental right under Article 31 of the Indian Constitution since the independence of India. The nation witnessed havoc during the national emergency in 1975, where the 1st woman Prime Minister of India attempted to …
Introduction The civilization and progress of mankind have always been boosted by the never-ending avarice; the appetite for power was one of the driving factors of development. Though the term ‘property’ has been used more in a generalized form rather …
Introduction A mortgage is a common term and is usually understood by most to mean a transaction where a mortgagee on the failure of the repayment of the loan by the mortgagor can sell the immovable property mortgaged to him, …
Introduction As per Section 58 of the Transfer of Property Act, 1882, the mortgage is a conditional conveyance of certain interests in immovable property as security for payment of the loan or performance of a duty that may give rise …
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 …
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 …
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, …
Introduction The doctrine of lis pendens is incorporated in the Transfer of Property Act, 1882, under Section 52. ‘Lis’ means litigation and ‘pendens’ means pending, literally signifying pending litigation. Any action or proceeding which is pending in any court of …
Introduction The statute stipulates that a sales deal is concluded when the seller offers to sell and the buyer agrees and purchases to take account of negotiated terms. It may be oral. It may be signed or not by exchanging …