Category Archives: Property Law

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… Read More »

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… Read More »

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… Read More »

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… Read More »

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… Read More »

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… Read More »

Lease: Introduction, Concept, Essentials and Conditional Leases

Lease: Introduction, Concept, Essentials and Conditional Leases | Overview Concept of Lease: An Introduction Essential Conditions for a Lease Essentials of a Valid Lease Agreement Conditional Leases Sub-lease Concept of Lease: An Introduction Elon Musk[1] said “Most people throughout the world prefer to own their belongings, rather than rent what is essentially someone else’s property via a lease.… Read More »

Transfer of Property Act – TPA: Introduction and Important Definitions

Transfer of Property Act – TPA: Introduction and Important Definitions | Overview TPA Introduction Regulation of Transfer of Act by Parties Preamble Objects and scope of TPA Important Definitions under TPA Immovable Property Land Benefits arising out of land Things attached to the Earth Mortgage debt Instrument Attested Registered Actionable claims Notice The article provides an introduction for… Read More »