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Doctrine Of Priority In Property Law

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 …

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Modes of Acquisition of Property

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 …

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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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