INTRODUTION A trust is a fiduciary arrangement in which the trustor, or first party, grants the trustee the authority to hold title to property or assets for the benefit of the beneficiary, or second party. Trusts are created to ensure that the assets of the trustor are legally protected, to ensure that the assets are…
Introduction The recent land acquisition issue of Greater Noida in 2011 or the Singur land acquisition case of West Bengal that shook the whole political scenario of India are some of the significant land acquisition instances picturised in India. In a densely populated country like India, land is indeed a scarce resource and the government…
Introduction In India, the Transfer of Property Act, 1882[1] contains the provisions for an array of concepts including the concept of mortgage. Apart from this, the Hindu and Muslim personal laws also recognize the concept of mortgage. The concept of mortgage is very similar to the concept of ‘hypotheca’ of Roman law.[2] Here, if the…
Buying a house in India is one of the most significant financial decision that one can make. For many individuals, owning a new home is a dream come true. People save money their entire lives in order to buy the house of their dreams. For many people, buying their first house symbolizes financial freedom and…
We hear expressions like leasing out stores, purchasing real estate, renting out an apartment to a tenant, mortgaging land for the purpose of lending loan, and so on all the time. This shows the numerous ways in which transactions revolve around the land. Individuals/companies/government entities may engage in transactions of purchasing or selling land and…
Introduction Numerous depictions of family disputes over the property in movies and novels have proven only one point: since the beginning of time, the property has been a symbol of high economic status, and it has been a source of contention among kin. Property disputes between families are common in India these days. Legal property…
IntroductionInvestors in India are now looking for creative ideas to generate returns on their investments due to the country’s rising purchasing power. One such method is to buy agricultural land. While some investors keep such land as an asset, there is another group that uses the expanding organic food market to bolster their income. Farm…
TRUST PROPERTY: Trust property refers to the asset or assets that the grantor or settler (the trust creator) transfers into the trust for the purpose of providing benefits to the beneficiary or beneficiaries (an individual, group of individuals or public) during his or her lifetime or on his or his death (the grantor’s death). Trust…
POWER OF ATTORNEY (POA): The concept of Power of Attorney has been discussed under two statutes of India which includes The Powers of Attorney Act, 1882, and The Indian Stamp Act, 1899. The Power of Attorney has been defined as the instrument which empowers a specified person to act on behalf of the person executing…
A mortgage by deposit of title deed or an equitable mortgage of immovable property is a widely used methodology of creating security against a loan availed from banks and other financial institutions in India. But, it is easily open to fraud. This is because of the reason that it is created merely by the deposit…
