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

Section 5 of the Act defines “Transfer of Property” as “In the following sections ‘transfer  of property’ means an act by which a living person conveys property in present or in future, to one or more other living person, or to himself, and one or more other living persons, and “to transfer property” is to perform such act.… 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 »

Doctrine of Lis Pendens

When there is a litigation between two person in regard to some immovable property and one of them transfer the subject-matter of the litigation, a conflict may arise between the right of the transferee and the rights of the parties as declared by the decree of the court. Section 52 of  the Transfer of Property Act,1882 provides the… Read More »

Doctrine of Part Performance

The doctrine of part performance is inserted in the Transfer of Property Act, 1882, by Act 20 of 1929, section 16. This is an equitable doctrine. This is based on the principle that, equity treats the subject-matter of a contract as to its effects in the same manner as if the act contemplated in the contract has been… 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 »

SALE OF IMMOVABLE PROPERTY

SALE OF IMMOVABLE PROPERTY Section 54 of the price Transfer of Property Act defines “Sale” as “sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. Sale how made – Such transfer, in case of tangible immovable property of the value of one hundred rupees and upwards or in the… 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 »

Case analysis of Indira Sawhney v. UOI

INDIRA SAWHNEY Vs. UNION OF INDIA  DATE OF JUDGMENT: 16 /11/1992 BENCH: M KANIA, M VENKATACHALIAH, S R PANDIAN, A.M. AHMADI, K SINGH, S.B.SAWANT, R SAHAI, B J REDDY, T.K. THOMMEN, CITATION:  AIR 1993 SC 477, 1992 Supp 2 SCR 454 STATUTES REFERRED: Constitution of India Article 15(4): Nothing in this article or in clause (2) of article… Read More »