Introduction: Property of some sort can be passed, except as stated in various clauses of s.6 of the act. Therefore, the general rule is that, as set out in s.6, a property of any kind can be transferred and the person pleading for non-transferability must show the presence of any Read more…
Introduction: Foreclosure is a legal method where the lender seeks to reclaim the value of a mortgage from a loan holder who has ceased payment to the lender by requiring purchases of the asset used as collateral for the loan. A mortgage lender either by court order or through the Read more…
Introduction: Let’s start with an example; Akash was living in a 2BHK as a tenant for 12 years paying his rent timely. After a year his owner, Rahul shifted to Dubai, and because of it Akash thought that he is no more a tenant, the ownership has been transferred to Read more…
Introduction: The main provisions governing the transfer of properties to an unborn person are prescribed in Sections 13, 14, and 18 of the Transfer of Property Act. The Indian Law does recognise an unborn child as a legal person for various purposes. The benefits can, however, be realized only after Read more…
Introduction: Access to food, cloth and adequate housing are the basic needs of human life. The right of housing is also interpreted by the Indian judiciary and infringed this right within the ambit of Article 21 of our Indian Constitution [it was held in the landmark Judgement of Olga Tellis Read more…
Introduction: RERA or Real Estate Regulatory Authority Act was passed in 2017 with a motive of providing the homebuyers, government, and builders a transparent selling and buying of real estate properties. Before RERA came into existence, there was an excessive commitment of frauds by the developers in the real estate Read more…
Introduction: In today’s era, housing is undeniably considered as a basic human requirement however, the capital or funds required to construct or acquire a house is relatively high and cannot be afforded by all individuals/groups especially the ones having low income or less funding/capital. In such situations, housing finance could Read more…
Introduction: Property is a term derived from the Latin word ‘propertietat’ and the French equivalent ‘proprious’ which means ‘a thing owned’.[i] The term and its applicability in our daily life are not new to any one of us. The Supreme Court took two approaches in dealing with the Concept of Read more…
Introduction: Non-resident or resident, an individual can transfer his assets to his heirs (legal) or any person through a Will. When the individual dies, his assets are transferred to the above-mentioned parties or if the individual has created his Will. This concept is called the devolution of an asset. A Read more…
Introduction: Registered Documents have its benefits and unregistered documents have their disadvantages when compulsory registration is required. The effect of the registration according to Sections 47, 48, 49 and 50 of the Registration Act,1908 is as follows: Section 47: Time at which registered document is operating A registered document shall Read more…
Introduction: Real Estate disputes are becoming more and more common around the world. From settling mortgages and getting a proper lease to claiming your inheritance in a dead person’s will and paying your rent in a pandemic era, property disputes became more common when affording property became easier with all Read more…
Introduction: Property has been looked at with different perspectives by people according to the purpose it serves them. Therefore the meaning of property has not been constant over the years and it kept on evolving. It has not been easy to define property as it is both an institution and Read more…