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Property Law Articles

Law on recovery of advance or earnest money

  K Rajasekharan   19 September 2018 at 17:31

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 ..

Posted in Property Law  2 comments |   16198 Views

Mortgage: The Legal Provisions governing it

  K Rajasekharan   12 September 2018 at 11:52

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 ..

Posted in Property Law  6 comments |   3635 Views

Role of an attesting witness in a Will

  K Rajasekharan   06 September 2018 at 11:32

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 ..

Posted in Property Law  5 comments |   20283 Views

Servitudes and Rights of Way

  Navin Kumar Jaggi   27 August 2018 at 16:29

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 ..

Posted in Property Law  1 comments |   5056 Views

Family Settlement - Nuts and Bolts

  Prashanti   26 June 2018 at 13:00

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

Posted in Property Law  5 comments |   1794 Views

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

  Smita Singh   05 June 2018 at 10:23

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 ..

Posted in Property Law  3 comments |   3474 Views

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

  Prashanti   04 June 2018 at 11:12

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 ..

Posted in Property Law  3 comments |   1199 Views

Whether all lis pendens transactions are invalid?

  Smita Singh   29 May 2018 at 10:12

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 ..

Posted in Property Law  1 comments |   3114 Views

Indian Real Property: Rights of NRI Spouse and LTV Holder

  Harsh Shah   26 April 2018 at 10:54

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 ..

Posted in Property Law |   519 Views

Nomination, Wills and Succession

  SURIN USGAONKAR   06 April 2018 at 12:38

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 ..

Posted in Property Law  10 comments |   6464 Views