Browse Articles Property Law Articles

15 July 2019 at 12:17

Land acquisition by government: Fair compensation and rehabilitation under new enactment

  POSTED BY Advocate Nishith Pandit

Introduction When the subject of fair compensation arises, there has always been a debate as to whether the compensation given by government for acquisition of land from private individual is sufficient or not. Since Independence, there h

  1 comments |   414 Views

25 June 2019 at 12:26

Section 8 of the Hindu Succession Act: Analysis

  POSTED BY Rudrawar Narayanreddy

The Bare reading of Section 8 isSection 8.General rules of succession in the case of males. - The property of a male Hindu dying intestate shall devolve according to the provisions of this chapter: -(a) Fi

  1 comments |   886 Views

07 January 2019 at 12:29

MahaRERA conciliation and dispute resolution forum


INTRODUCTIONUnder Section 32(g) of the Real Estate (Regulation and Development) Act, 2016, Maharashtra Real Estate Regulatory Authority must take measures to facilitate amicable c

  0 comments |   410 Views

17 December 2018 at 11:47

RERA vs NCDRC: Weighing Up The Remedies For Home Buyers

  POSTED BY Shivi Gupta

The past decade has been a game changer for the Indian real estate sector. With the likes of Amrapali, Japyee, Unitech and several other builders who created a nationwide paranoia among home buyers, enactment of new real estate laws turned it all aro

  0 comments |   584 Views

24 October 2018 at 15:24

Promoter's compliances and obligations under MahaRERA


All provisions of Real Estate (Regulation and Development) Act, 2016 (Act) have come in force in Maharashtra on 1st May 20

  2 comments |   2535 Views

03 October 2018 at 10:37

When license in an immovable property acquires irrevocability

  POSTED BY Smita Singh

License defined According to Section-52 of the Indian Easement Act, 1882 (Easement Act), where one person grants to another a right to do in or upon the immovable property of the grantor, something which would in the absence of such right, be unlawfu

  1 comments |   295 Views

24 September 2018 at 17:30

Will: Its legalities in a nutshell

  POSTED BY K Rajasekharan

IntroductionWill is a legal declaration in the form of a document, expressing the intention of a testator, about how his property would be devolved on whom after his death. It is a personal document of a testator of sound mind, in regard to the dispo

  5 comments |   399 Views

19 September 2018 at 17:31

Law on recovery of advance or earnest money

  POSTED BY K Rajasekharan

IntroductionThe �advance deposit�, which is being paid as part of a contract for transfer of an immovable property, has in the past been treated conceptually quite different from the �earnest money�, similarly paid.However the

  2 comments |   3543 Views

12 September 2018 at 11:52

Mortgage: The Legal Provisions governing it

  POSTED BY K Rajasekharan

Mortgage definedMortgage is transfer of an interest in a specific immovable property, for securing an advance payment of money by way of loan. It creates a pecuniary liability. It is in the form of a debt. The liability cannot be defeated by any sub

  6 comments |   1449 Views

06 September 2018 at 11:32

Role of an attesting witness in a Will

  POSTED BY K Rajasekharan

Attesting witnessAn attesting witness is a person who puts his sign or mark on a deed or will at the request of its creator, immediately after its execution, for the purpose of proving and identifying that it is executed by the maker of it. Unless t

  5 comments |   2741 Views

27 August 2018 at 16:29

Servitudes and Rights of Way

  POSTED BY Navin Kumar Jaggi

A servitude is a right that a person has over the immovable property of another. It allows holder of the servitude to do something with the other person�s property, which may infringe upon the rights of the owner of the property. An example is

  1 comments |   322 Views

26 June 2018 at 13:00

Family Settlement - Nuts and Bolts

  POSTED BY Prashanti

One of the Deeds which seems to escape the axe of section 17(2) of the Registration Act is the Family Settlement.

  5 comments |   1253 Views

05 June 2018 at 10:23

Whether plea of adverse possession is only a shield and not a sword?

  POSTED BY Smita Singh

IntroductionUnder Indian Limitation Act, 1963 a suit instituted after the period prescribed, is not maintainable and shall be dismissed.[1]Article 65 of the Limitation Act prescribes the period of limitation for suits for possession of immovable prop

  3 comments |   2275 Views

04 June 2018 at 11:12

The Right to Coparcenary property of Women - Settled yet Unsettled?

  POSTED BY Prashanti

The Right to Property of a woman witnessed unprecedented changes from the days of uncodified Hindu Law till date. A woman was entitled to only a Limited Estate before 1956 but w

  3 comments |   743 Views

29 May 2018 at 10:12

Whether all lis pendens transactions are invalid?

  POSTED BY Smita Singh

Understanding doctrine of lis pendensSection 52 of Transfer of Property Act, 1882 (TP Act) embodies the doctrine of lis pendens. The doctrine provides that during the pendency of a litigation in which any right to immovable property is in question, s

  1 comments |   1391 Views

26 April 2018 at 10:54

Indian Real Property: Rights of NRI Spouse and LTV Holder

  POSTED BY Harsh Shah

Real estate industry being largest employment generator is considered to be a major contributor in economy growth of developing country. Considering India to be an attractive foreign investment destination, Reserve Bank of India is empowered under Fo

  0 comments |   366 Views

06 April 2018 at 12:38

Nomination, Wills and Succession


Reason for writing this article is that , recently a message on 'WhatsApp' became 'viral' claiming that the Honourable Supreme Court of India has ruled that Nomination to the Co-operative Society Shares is enough and no more

  10 comments |   3351 Views

26 February 2018 at 11:12

Property's Document(s) Verification

  POSTED BY Subash M R

It is very necessary to verify property documents before going to purchase any immovable property anywhere in India including Bengaluru. Both the title deeds and the subsidiary documents in respect of the title of each and every immovable property ar

  13 comments |   1105 Views

15 February 2018 at 11:01

Hindu woman's right in ancestral property: An endless saga of twists and turns

  POSTED BY Suresh Patil

In our great nation, often while one issue is resolved, yet another is born. We have such a situation in the very beginning of 2018 -- thanks to latest Apex

  11 comments |   1036 Views

06 February 2018 at 14:01

What To Check Before Buying A Property In India?

  POSTED BY Namita Shah

"Ignorance is no excuse, especially when you are buying a property in India!"Buying a property is very different from buying a stock. Finding a property worth buying is only about 40% of the total work involved, 60% of it is all the other t

  4 comments |   731 Views


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