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.

Rights and Liabilities of Buyer and Seller

The article seeks to explain the rights and liabilities of the parties involved in a sale – the buyer and seller. There explanation is twofold – before completion of sale – rights and liabilities of the seller and rights of liabilities of the seller and after completion of sale – rights and liabilities of the seller and rights……...

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Sale of Immovable Property: Explained As Under TPA, 1882

Sale of Immovable Property: Explained As Under TPA, 1882 | Overview Sale of Immovable Property: Explained as Under Transfer Of Property Act, 1882 Elements of Sale Essentials of a sale Contract for Sale Sale and Contract for Sale – Differences Conclusion The article seeks to explain the sale of immovable property under the Transfer of Property Act, 1882….…...

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Rule of Estoppel

Rule of Estoppel | Overview Essentials of Section 43 Representation: May be Fraudulent or Erroneous Held Transfer Proviso Comparison between the Rule of Feeding the Grant by Estoppel and Spec Successions The Rule of Estoppel signifies that when a person makes a promise to another person, which is more than what he can perform or which he is……...

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Rule of Part Performance

Rule of Part Performance | Overview The Essentials of Section 53A are Transfer Written Contract Possession by the transferee Act done in furtherance of the contract Willingness on the part of the transferee to fulfill his part of the contract Rights of a bona fide transferee no affected Equity is followed under the doctrine Difference between the Doctrine……...

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Doctrine of Lis Pendens

Doctrine of Lis Pendens | Overview Meaning of Lis Pendens This doctrine is embodied in Section 52 of the Transfer of Property Act, 1882 The basic ingredients of the doctrine of Lis Pendens Status of the transfer NOTICE/ Can the transferee seek the protection under Section 43 of Transfer of Property Act, 1882 Exception I. Meaning of Lis……...

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Ostensible Owner

Ostensible Owner | Overview Essentials of Section 41 Benami Transaction Burden Of proof Ostensible means which appears to be true but in reality it is not. An ostensible owner means a person who appears to be the owner of a particular property but is not. He is not a trespasser or person having unlawful possession of the property….…...

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Vested and Contingent Interest

Vested and Contingent Interest | Overview Vested interest Characteristics of Vested interest Contingent Interest Difference between Vested Interest and Contingent Interest This article discusses vested and contingent interest. Whenever a transfer of property takes place, an interest in favour of the transferee with regards to that property is created. When the interest is created in the transferee, it……...

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Fraudulent Transfer

Fraudulent Transfer | Overview Fraudulent Transfer is dealt with under Section 53 of Transfer of Property Act, 1882 Essentials of Section 53 of TPA Transfer Intention to defeat or delay the creditors Framing of Suit Burden of Proof Proviso This article discusses fraudulent transfers. The term fraudulently has been explained by Section 25 of the Indian Penal Code….…...

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Rule Against Perpetuity

This article titled ‘Rule Against Perpetuity’ is written by Ina Pant and discusses the rule against perpetuity. I. Introduction The meaning of the term Perpetuity can be understood as an indefinitely long period.  Here it means, the interest is created in present, but it is to take effect in future. The Rule against perpetuity signifies that a transfer……...

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Doctrine of Priority

Doctrine of Priority | Overview Essentials of Section 48 Qui prior est tempore potior est jure – Basis of the principle Exceptions to the rule of Priority Section 50 of the Registration Act, 1908 This article discusses the doctrine of priority. As the title itself suggests, the doctrine tells about who would be given the priority over others……...

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