The Transfer of Property Act clearly states under section 13 that deals with the transfer of property to an unborn child. A person yet to be born is non-existent and is not counted as a living person still, the property can be transferred to the baby. A child in its mother’s womb is regarded by…
The literal meaning of the phrase “nemo dat quod non habet” means no one can give what hedoes not have. This is a legal rule which states that purchasing a property from someone whodoesn’t have a title denies the purchaser of the property of an ownership title also. In simplewords, if someone gets something because…
The classification of property into movables and immovables is not co-extensive with the internal law classification between reality and personality. The importance of the distinction between movables and immovables is most apparent in the field of succession because succession to movables is in general governed by the lex domicilii of the deceased whereas succession to…
Housing redevelopment refers to the process of reconstruction of a residential premise by demolition of the existing structure and construction of a new one as per approval from the appropriate Authority. Traditionally this use to happen with help of developers, where they used to lookout for properties with unused development rights where they can build…
WHAT IS RENT CONTROL? Rent control is a government program where they practice the imposition of a legal maximum (rent ceiling) upon the rent in a certain housing market, below the equilibrium level of rent. In a free market, the prices of the rent adjust automatically filling the gap between the demand and the supply.…
ECONOMIC ARGUMENTS AGAINST THE ACT Rent controls are not considered desirable for the overall development of the economy of a country due to the following reasons: – 1. As rents have been constrained below the market price, rent control lessens the amount of profitability of rental housing. According to the landlords, low rents under rent…
The union cabinet, on the 2nd of June, 2021 has approved the draft of the Model Tenancy Act, 2021. The formulation of this act aims to make housing available to all and increase India’s rental housing culture. This will also increase the contribution of rental income to the overall economy of the country. As for…
INTRODUCTIONThe word ownership strikes the imagination with the picture of property, property without which there can be no ownership or possession. During the earliest of times when humans were nomads and did not posses the skill of cultivation and civilization the concept of ownership never crossed through the minds. However, the concept of possession was…
INTRODUCTION:Land disputes has to be adjudicated upon by the Civil Court because these issues are Civil in nature i.e. between two parties on a civil issue example possession of the land, tittle of the land etc. What happens when in some cases the party involve violence to possess the land, or breach the peace, in…
The Constitution originally provided for the right to property under Articles 19 and 31. Article 19 guaranteed to all citizens the right to acquire, hold and dispose of property. Article 31 provided that “no person shall be deprived of his property save by authority of law.” It also provided that compensation would be paid to a person…
