The doctrine of lis pendens is the oldest doctrine and finds its application in the General Law of English. Under this doctrine, judgments on immovable property are considered to be superior to any transfers made by the parties at the time of the litigation. Later in this doctrine it was also equally accepted for better…
The doctrine of the transfer of property by a ostensible owner is no different from that of ‘nemo dat quod non habet’ which means that no one can give more rights than the property he owns. Article 41 protects innocent parties from third party fraudulent activities. Loss resulting from such action will befall the person…
The doctrine of lis pendens is the oldest doctrine and finds its application in the General Law of English. Under this doctrine, judgments on immovable property are considered to be superior to any transfers made by the parties at the time of the litigation. Later in this doctrine it was also equally accepted for better…
As per the law, a tenant has a legal right to go to the court and defend himself against an illegal eviction. Often non-payment of rent, rent agreement violation, property damage and illegal activity are key grounds for a tenant eviction. However, in case of illegal eviction, the tenant has certain rights which can be…
Section 3 of the Transfer of Property Act, 1882 defines Actionable Claims as A claim on any debt other than a liability secured by the foreclosure of immovable property or hypothecation for movable property or Claim to any beneficial interest in movable property that does not belong to the claimant, be it real or constructive.…
Islamic laws are derived from the Quran, which is Islam’s holy book, as well as the Sunnah and Hadith which are the deeds and sayings of the Prophet Muhammad. These Islamic laws are called “Sharia”. Sharia acts as the code for living that all Muslims must adhere to. In other words, Sharia is Islam’s legal…
Right of possession is a right granted to all law-abiding citizens in India. If a person is deprived of this right and along with that the person is deprived of the income, he/she can obtain from that possession, then he/she must be compensated with damages. In such type of situation, the concept of Mesne Profits…
ARTICLE: RIGHTS AND LIABILITIES OF A MORTAGOR The term mortgage, put simply, means the Transfer of an interest as security (commonly known as collateral) given by the borrower(mortgagor) to the loan lender(mortgagee). Thus, if the borrower is unable to repay the loan or becomes insolvent, it protects the lender, as he acquires the right over…
It is vital for law-making bodies to formulate legal guidelines that optimize sectors of the commercial enterprise through frameworks and regulatory authorities. The Real Estate (Regulation and Development) Act, 2016 was enacted for the status quo of a Real Estate Regulatory Authority and for the law and promotion. What is RERA? RERA, or the Real…
In India, the transgender population has a number of challenges, including difficulty with marriage, property, electoral rights, and adoption, to name a few. The Transgender Persons (Protection of Rights) Bill was tabled in the Lok Sabha in 2016 following the judgment in the case of National Legal Service Authority v. Union of India. This measure…
