INTRODUTION To start with this article we will first know the meaning of an executor and its legal definition.An executor is a person who manages the distribution of a decendent’s assets in line with the instructions of the decendant’s testator as stated in the will.In section2(c) of Indian Succession Act,1925 an “executor” means the person…
What is an Onerous Gift? Section 127 of The Transfer of Property Act, 1882 specifies that- “Where a gift is in the form of a single transfer to the same person of several things of which one is, and the others are not burdened by an obligation, the donee can take nothing by the gift…
Introduction: Section 31 of the Indian Contract Act, 1872 says that “a contingent contract is a contract to do or not to do something if some event collateral to such contract does or does not happen.” Section 32 to 36 defines the enforcement and possibilities of the contingent contract. Definition: A contract is a contingent…
Introduction A suit that is pending in any court of law is referred to as a lis pendens. It is a court action that is currently pending. Section 52 of the Transfer of Property Act of 1882 establishes the doctrine. This section is based on the maxim ‘ut lite pendente nihil innovetur,’ which states that…
WHAT ARE EASEMENT RIGHTS? “An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land to do and continue doing something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other lands not his…
WHAT IS READY RECKONER RATE? The Ready Reckoner rate, commonly known as the circle rate, is the lowest price at which a property must be recorded in the event of its transfer. All state governments publish area-based ready reckoner rates of properties once a year in order to prevent the avoidance of stamp tax via…
INTRODUCTION The transfer of property act is generally based on immovable property, but some of its provisions can also be laid on movable property. In general, an actionable claim refers to one that allows you to take legal action. It signifies there is a claim and you can approach the court to have it enforced.…
The distinction between attempting something and preparing for it has long been debated. Preparation After the formation of intention, the next probable action of the offender would be an arrangement of resources to formulate and carry out the offence. Preparation cannot be conclusive of an offence and hence it becomes difficult to prove the guilt…
In India, the Transfer of Property Act, 1882, Section 52, recognizes the action at law doctrine. It reflects litigation is currently ongoing when the phrase action at lawis employed. The maxim ‘ut lite pendent nihil innovateur’, which says nothing new should be added during the pendency of litigation, expresses the doctrine of legal action. Let’s understand the concept with…
INTRODUCTION It can be incredibly stressful to spend your hard-earned money on a house, apartment, or other property and not receive it on time. Additionally, when the builder refuses to answer your calls and repeatedly delays the delivery of your ideal home, it drains all of your strength, concentration, and tranquility. You lose money in…
