Category Archives: Property Law

Property Law is the law concerning the property. It defines the nature of the property, the modes of acquisition, rights of the owners-tenants etc. Our study material is designed to provide you with a deep conceptual understanding of Property law.

Transferable Property under Transfer of Property Act

The present article, ‘Transferable Property Under Transfer of Property Act’ shall discuss Section 6 of Transfer of Property Act, 1882 (‘TOPA’, ‘the Act’), valid conditions of transfer, instances of non-transferable property, with reference to statutory provision and case-law. Generally speaking, property of any kind may be transferred. However, for a transfer of property to be legally valid, it……...

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Animus Possidendi: Origin, Meaning, Application and Important Case Laws

This article on “Animus Possidendi” by Sahajpreet Bhusari explains the meaning of the Latin maxim and elaborates on its application with illustrations. Origin and Meaning The legal maxim Animus Possidendi is a term of Latin origin. Animus means ‘mind or intention’ and Possidendi means ‘to possess’ and hence, the term literally means an intention to possess. It is……...

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Difference Between License And Lease

License and lease are two extremely essential terms and concepts when it comes to property laws. When one actually tries to distinguish between the two, it might pose difficulties because, in either situation, the person passes on his/her right to another in return for some compensation. This article deals with the difference between a license and a lease……...

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Determination of Lease: Manners of Determination and Notice to Quit – Waiver

This article outlines the concept of a lease and the manner of determination of Lease under Indian law. I. What is Lease and its Determination? A lease in general terms is the act and the document of transferring the possession of immovable property, like a flat. Under the Transfer of Property Act, 1882 (‘the Act’), it is defined in……...

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Restraints on the Alienation of Property

This article delineates the various provisions pertaining to the alienation of property under the Transfer of Properties Act, 1882. It also analyses the stipulations through various case laws. Restraints on the Alienation of Property Introduction Joint Hindu Family Absolute Restraint Partial Restraint Certain Exceptions Repugnant Conditions (Section 11) Insolvency of Transferee Conclusion I. Introduction Alienation of property basically……...

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Conditional Transfer of Property

In this article, Ashish Agarwal discusses Conditional Transfer of Property valid under Indian law and the various conditions required to facilitate them. I. Introduction Section 5 of the Transfer of Properties Act, 1882 defines the transfer of property as the act of conveying of property by one living person to other(s) or even himself in the present or future. It……...

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Difference between lease and license

The article brings forward the concept of lease and license in a very simple language so that it is easy to understand not only the technicalities hidden in the concept but also the difference between the concepts. It seems as if these concepts are overlapping but there exists a lot of difference between them and hence, it becomes……...

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Transfer of Property to an Unborn Child | Explained

The article gives an insight into the process involved in the transfer of property to an unborn child. The article explains the meaning of property, transfer, unborn child and how all three are related to each other as per the provisions of the property law in India. Introduction The word ‘property’ has a very wide scope. A bundle……...

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Easement: Concept, Essential, Types | Explained

Easement: Concept, Essential, Types | Overview Introduction Easement in law Distinction of Easement from various other concepts of Property Law Essentials of Valid Easement Nature and Duration Types of Easements The article lays down an overview of the topic easement, envisaged under the property law. It brings forward not only the origin of such a right but also……...

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Rights and Liabilities of Lessor and Lessee | Transfer of Property Act, 1882

Rights and Liabilities of Lessor and Lessee | Overview Liabilities of Lessor Rights of Lessor Rights of Lessee Liabilities of Lessee Section 108, sub-section (a) to (q), of the Act mentions the Rights and Liabilities of Lessor and Lessee. It is pertinent to note that s. 108 applies only in the absence of a contract or local custom usage……...

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