Immovable property – concept and definition

Definition in Section 3 is not exhaustive. It says only that ‘immovable property’ does not include standing timber growing crops or grass. Definition of immovable property in Section 3(26) of General Clauses Act, 1897, is also not exhaustive. It defines immovable property as it shall include land, benefits to arise out of land, and things attached to earth.… Read More »

Transfer of Property – Meaning and Types

Transfer of Property – Meaning and Types | Overview Kinds of Transfer Transfer of Property Act, 1882 not amounting to Transfer of Property What may be Transferred Persons Competent to Transfer Operation of Transfer Transfer by Persons before they Acquire the Interest Transfer by Unauthorised Person (Doctrine of feeding empty grant by estoppel) Section 6(a) and Section 43… Read More »

Restraints on Transfer – Section 10

Section 10, condition restraining alienation — “Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition of limitation is void. Except in the case of lease where this condition is for the benefit of the… Read More »

Right of Redemption

Doctrine of redemption is not a new doctrine. Its origin can be traced from Anglo-Saxon and Roman law. The practice of securing land for payment of money in English law dates back to Anglo-Saxon England when interest loans were illegal. Borrower conveyed estate to lender in consideration of a loan and lender reconvened estate to borrower on redemption.… Read More »

FUNDAMENTAL DUTIES

The Chapter of Fundamental duties was inserted in our Constitution by 42nd Amendment of the Constitution in 1976. By 42nd Amendment after Part-IV of Constitution, Part IVA and Article 51-A is inserted in the Constitution which lays down Fundamental Duties of the citizens. Fundamental Duties was added on the recommendation of Swaran Singh Committee. These are non-justifiable i.e their compliance cannot… Read More »

What is State – ARTICLE 12

The constitution of India has defined the word ‘State’ for the purpose of Part –III and Part IV. Part III and Part IV carry a theme of Human Rights, Dignity of Individual and also of the unity and dignity of the nation.  These parts are respectively as negative obligation of the State which does not to interfere with liberty… Read More »

ARTICLE 19: RIGHT TO FREEDOM

ARTICLE 19: RIGHT TO FREEDOM Clause (a) to (g) of Article 19(1) guarantee to the citizens of India six freedoms, viz., of ‘speech and expression’, ‘peaceable assembly’ ‘association’, ‘free movement’, ‘residence’, and ‘practicing any profession and carrying on any business’. These various freedoms are necessary not only to promote certain basic rights of the citizens but also certain… Read More »