property law

Whose color is it Anyway: Saga of coloring Government buildings in Party colours

The Honourable High Court of Andhra Pradesh, on 22/05/2020, has struck down G.O. 623 issued by the Government of Andhra Pradesh, to paint government buildings including and not limited to water tanks in green , white, Blue and terracotta. The Hon’ble High Court while quashing the G.O has sought an explanation as to why contempt proceedings shouldn’t be i..

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Land Acquisition Act 2013 Section 24 - Capsule of Law laid down by the 5 Judge Constitution Bench of Supreme Court

Section 24 LAA 2013 - POINTS DECIDED IN IDA 2020 Friends request to read slowly & carefully - refer to the Judgment - This is capsule - typo-e&oe: 1. IDA 2018 - To the extent of the non-consideration of the effect of AND, IDA2018 cannot prevail. For the ..

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Procedure for the execution of power of attorney

Power of Attorney is most widely used document in property transactions. This is because many acts, transactions have to be carried out simultaneously and the same persons cannot be present at different place at the same time. Moreover, timing is very important in property transactions. Power of Attorney in simple terms means a person authorizing anothe..

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Does RERA abuse the Use of Indemnities? Is Your Life-Long Earning in Safe Hands?

Use Abuse of Indemnities, 3rd Party Rights, Offence and RERA. 1. For context it is necessary to quote few sections of Indian Contract Act as under- 124. A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself,..

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Legal Procedure To Follow In Case The Tenant Refuses To Evict Even After Receiving a Notice By Landlord

After issuing an eviction notice and expiration of the waiting period the 'right to occupancy is terminated'. In India, unfortunately, in many cases, the landlords are harassed by stubborn tenants and their resistance to all overtures. So what does the landlord do now? 1. Do not take the l..

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What is a Lease Deed?

Transfer of property as defined under the Transfer of Property Act, 1882 is the act of conveying property by one person to one or more living persons. A property can be transferred in the form of sale, lease, mortgage, gift, and exchange. A lease of immovable property is the transfer of a right to enjoy such property for a certain period. The person w..

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Nature of the property under S.6 and 8 of HSA after the demise of the holder!

The conflicting decisions In Uttam v. Saubhag Singh[1] (“Uttam case”), the Supreme Court held that upon demise of propositus ancestral property held by him and the other coparceners ceases to be joint family property. Recently, in Doddamuniyappa v. Muniswamy[2] (“Dodda..

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

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 have been many instances where the government has acquired any land from privat..

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Section 8 of the Hindu Succession Act: Analysis

The Bare reading of Section 8 is Section 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) Firstly, upon the heirs, being the relative specified in class I of the schedule.</p..

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MahaRERA conciliation and dispute resolution forum

INTRODUCTION Under Section 32(g) of the Real Estate (Regulation and Development) Act, 2016, Maharashtra Real Estate Regulatory Authority must take measures to facilitate amicable conciliation of disputes between promoters and the allottees through dispute settlement forums set up by the consumer or promoter associa..

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RERA vs NCDRC: Weighing Up The Remedies For Home Buyers

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 around against the builders who felt immune to the laws. RERA: The Beacon ..

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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 2017 and we are seeing the change in Real Estate Sector; inducing transparency and fair practices by the developers. The Maharashtra Real Estate Regulatory Authority (MahaRERA) has been the benchm..

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When license in an immovable property acquires irrevocability

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 unlawful and such right does not amount to an easeme..

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Will: Its legalities in a nutshell

Introduction Will 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 disposition of his property in the event of his death. The law authori..

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Law on recovery of advance or earnest money

Introduction The &ldquo;advance deposit&rdquo;, 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 &ldquo;earnest money&rdquo;, similarly paid. However the difference between both is..

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