Introduction: Section 52 of the Transfer of Property Act of 1882 codified the doctrine of Lis Pendens. Lis Pendens means “pending suit” in Latin, with “Lis” meaning “litigation” and “Pendens” meaning “pending.” Lis Pendens is derived from the Latin phrase “ut lite pendente nihil innovetur,” which means “in a pending action, nothing new shall be…
Introduction: In a case where the court’s interests are in conflict, the Doctrine of Priority aids the court in choosing which party’s rights should take precedence over the other. The necessity for this notion emerges when a property transferor deals with the same property with two different people at the same time. As a result,…
Gift means transfer of a thing from one person to another out of love and affection without any consideration. Section 122 to section 129 of Transfer of Property Act deals with gift. Gift can be anything thing movable or immovable. To constitute gift there must be a transaction from one person to another. The person…
INTRODUCTION :-. Basically transfer means creating new interest on the property . Section 5 of the transfer of property Act 1882 says that a property can be transfer by a living persons to another living persons ( living persons including body of individuals , company or association ) . So according to this a property…
Charges is defined under section 100 of transfer of property act 1882.In order to create a charge there must be an immovable property. The immovable property of one person is made as a security for the payment of money to another person, that particular immovable property remains as a security for the payment of money.…
The word “Mortgage” is something that we have come across as children or young adults, rather frequently. However, what really are these mortgages that people and financial institutions such as banks seem to be oh-so-fond of? What allows it’s recognition and where is it legally enshrined? To have a better understanding of this, let’s have…
INTRODUCTION TO LANDLORD AND TENANT :- Where the right to enjoy an immovable property is transferred to another person for a specific period of time in consideration , which is given periodically or on a specific occasions by transferee to the transferor , it is called a lease . After a lease tenancy comes into…
The 45-degree rule is used to determine permissible objects and structures within a homeowners line of sight from his windows across his property. The Rule of 45 Degrees is an English common law rule which was created to protect the owners of a property, who are entitled normal light as they so require. The 45-degree…
Several legislations exist that govern conveyance of title of property, one of which is the The Transfer of Property Act (TPA), 1882. Prior to the existence of the said act, property transfers in India were primarily customary. So, the British Queen appointed the First Law Commission to draft an act as a codification to the…
Introduction Ever since the evolution of human societies, there has been a need for accumulation of resources essential for survival; food, water, etc. This was premised on the uncertainty of nature. Early humans did not have the guarantee of constant access to resources. Once we learnt how to grow crops, which served as a constant…
