Transfer of Property Act 1882

1st Aug, 2015

Under Section 52 of the Transfer of Property Act, 1882, the ‘lis’ continues so long as a final decree or order has not been obtained from the Court #indianlaws

Under Section 52 of the Transfer of Property Act, 1882, the ‘lis’ continues so long as a final decree or order has not been obtained from the Court. Even after the dismissal of a suit […]
21st Jun, 2015

High Court in exercise of writ jurisdiction cannot decide on whether property is encumbered or not #indianlaws

It was held as not within ken of the High Court in writ jurisdiction to declare any property as unencumbered one. Such rights between private parties cannot be made subject-matter of writ jurisdiction and to […]
21st Apr, 2015

Mutation of a property in the revenue record does not create or extinguish title

The Supreme Court was dealing with a matter wherein a suit for declaration was instituted by a person seeking to be declared as the sole owner of a property. The property in dispute belonged to […]
24th Nov, 2014

Rent of a building ordinarily includes charges, if any, paid towards fixtures and fittings

Rent is the consideration paid for use and occupation of property and in broader sense, it is the compensation or fee paid, usually periodically, for the use of the rented property, land, buildings, equipment and […]
24th Sep, 2014

Termination of tenancy under Section 106 TPA not necessary for State Rent Contol legislations #indianlaws

The theory of double protection or additional protection has been  stretched too far and without a proper and due consideration of all its remifications.It was accordingly held that no notice to quit is necessary under […]
30th May, 2014

Transfer of Property Act is not applicable to the Government grants #indianlaws

Government grant of lease of land is governed entirely by the terms of the grant
27th Feb, 2014

Real Estate Investment-A legal perspective

Each of us dreams of owning an immovable property; however knowledge about the legal implications involved is minimal.
24th Nov, 2013

Sale of Minor’s property cannot be done without obtaining the prior permission of the Court.

In view of the provisions of Section 8(2) of the Hindu Minority and Guardianship Act, 1956 one cannot mortgage or charge, or transfer by sale, gift of the minor’s property without taking prior permission of […]
30th Oct, 2013

What is the fate of an agreement to sell executed in violation of the injunction order?

Merely because property in relation to which agreement was entered upon is no longer subject to any order of restrain, party seeking specific performance does not automatically becomes entitled to such relief.
29th Oct, 2013

Jurisdiction of Civil Court vis-à-vis Scope of Section 34 of the SARFESI

A Civil Court has no jurisdiction to entertain any suit or proceedings in respect of matters falling under Section 13(4) of the Securitisation Act as such matters comes under the jurisdiction of the DRT and […]
7th Oct, 2013

Mortgage by deposit of title deeds whether requires compulsory registration?

When borrower and the creditor choose to reduce a contract in writing as the sole evidence of terms between them, It since becoming integral part of the transaction, shall require registration under Section 17 of […]
26th Sep, 2013

A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement.

A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement. The jurisdiction rest with the Civil Court only.