Devolution The term “Devolution” has a few different definitions. This legal term refers to the transfer of property that occurs as a result of a person’s death, bankruptcy, receivership, and/or liquidation of a corporation that holds an application or mineral title or an interest therein. The application or mineral title will be delivered to the…
Introduction Immoveable property, as the term implies, is property that cannot be moved or is permanently affixed to the earth’s surface. We commonly refer to land or a real estate property when we talk about the earth’s surface. As a result, land and things permanently attached to the land are considered immovable property. Immovable property…
Introduction The phrase “transfer of property” is defined under Section 5 of the Transfer of Property Act of 1882. According to the provision, a “transfer of property” is an act by which a live person conveys property to one or more other living persons, or to himself and one or more than one living person,…
Meaning of Property Property in India is classified into two categories: moveable and immovable property. The Transfer of Property Act, 1882, is an ancient piece of legislation that governs the transfer of property between living individuals. It went into effect on July 1, 1882. The act is viewed as an extension of the Contract Law…
Introduction The Indian Stamp Act of 1899, is the applicable law of the Government of India for the imposition of stamp duty on recording instruments. What is validity of stamps According to Section 54 of the Indian Stamp Act, if you do not use the stamp immediately, you can return it to the collector within…
The doctrine of part performance is an equitable doctrine that was included to prevent fraud and illicit advantage based on the document’s non-registration. This doctrine is founded on the concept, Equity considers what has been done that should have been done.Essentially, the doctrine states that the transferor or any person claiming under him is barred…
The term “person” originated from the Latin term “persona” which mean a “mask”. It represents a mask worn by actor while playing a character in a drama. Initially this term was used to show the part played by a man in his life. However, in modern time this word has been used in the wider…
What are Immovable Property?Section 3 (1) of the Transfer of Property Act of 1882 defines immovable property. Indian law has accepted the technical separation of property into real and personal property recognized by English law, rather than the split of property into moveable and immovable. Their Lordships of the Privy Council stated in Futtehsang v.…
The Transfer of Property Act of 1882 (“The Act“) took effect on July 1, 1882. It establishes procedures for the transmission of property between living people that are consistent with the rules governing its devolution after death. In terms of immovable property, it also completes the code of contract law. This Act does not cover…
A live person can transfer property to one or more other living persons, or to himself, or to himself and one or more other living persons, in the present or in the future, and to transfer property is to undertake such an act. The Transfer of Property Act’s purpose is to establish and alter the…
