Category Archives: Property Law

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….…...

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……...

Exchange Explained As Under Transfer Of Property Act, 1882 | Overview Meaning Distinction between Sale and Exchange Difference between Exchange and Partition Right of party deprived of the thing received in exchange (S. 119) Rights and liabilities of Parties (S. 120) Exchange of money (Section 121) This article explains the provision of exchange as contained in the Transfer……...

This article explains the provision for universal donee under Transfer of Property Act, 1882. The donee is the person who accepts the gift. He/she need not be a person who is competent to contract. A minor may, therefore, be a donee, unless the gift is onerous, in which case, the obligation cannot be enforced against him while he/she……...

Concept and Kinds of Gift | Overview Introduction and Meaning Transfer of ownership Existence of Property Voluntary transfer, without consideration Acceptance by donee Delivering of possession Kinds of Gifts Void gifts Onerous gifts (S. 127) Suspension or revocation of gifts (S. 126) This article deals with the Concept and Kinds of Gift. A gift is a gratuitous transfer,……...

Charge on Property As Explained Under Transfer of Property Act | Overview Charge on Property as Explained Under Transfer of Property Act Security for payment of money Who can create Security Act of Parties Operation of Law Transaction does not amount to a mortgage Enforcement of charge Extinction of charge Distinction between charge and lien This article seeks……...

The article seeks to explain marshalling securities, contribution and subrogation as under Transfer of Property Act, 1882. Marshalling means an arrangement in this context it means, the arrangement of mortgages to ensure equity to the mortgagees. A contribution is the contribution of the mortgaged properties in paying bad the debt. The difference here is that under marshalling one……...

The term encumbrance has not been defined in the Transfer of Property Act, 1882. In legal parlance, the word ‘encumbrance’ signifies a claim, charge or liability attached to immovable property. The section is borrowed from Section 5 of the Conveyancing and Law of Property Act, 1881, now replaced by Section 50 of the Law of Property Act, 1925….…...

This article seeks to explain the meaning and kinds of the mortgage as under the Transfer of Property Act, 1882. A mortgage creates interest on the immovable property. This article defines a mortgage. The article explains the key terms in the understanding mortgage. The article mentions the three elements of the mortgage and finally, the article explains the……...

In the previous article, the definition of mortgage and the kinds of mortgage has been explained. In this article, the rights and liabilities of mortgagor and mortgagee have been explained. For the purpose of this article, a mortgagor has seven rights and five liabilities and a mortgagee has eight rights and two liabilities. These are the broad rights……...