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Transfer of Property Act

Transfer of Property to Unborn Child

Ascertaining property rights of an unborn is essential as it has a direct implication on the rights of other existent individuals. Although the Indian laws recognize the existence of an unborn as a legal person, rights are not granted until the birth of the child. Further, while a child in a mother’s womb is considered […]

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Transfer of Property Act

The Doctrine of Lis Pendens

The term ‘Lis’ means ‘litigation’ and ‘Pendens’ means ‘pending’. The concept of lis pendens is based on a Latin maxim “pendent lite nihil innovature”  means “during the pendency of litigation, nothing new should be introduced.” Under this doctrine, the principle is during the pendency of any suit regarding the title of the property, any new interest […]

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Transfer of Property Act

Constructive Notice (T. P. Act)

In this article, we shall study the meaning of notice, actual notice, constructive notices, and instances where the Court presumes the knowledge of facts. Notice: A person is said to have a notice of a fact when he actually knows that fact, or when, but for wilful abstention from an inquiry or search which he […]

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Transfer of Property Act

Gift Under Transfer of Property Act, 1882

Chapter VII of the Transfer of Property Act, 1882 covers the transfer of property by gift. Section 122: Transfer of Property Act, 1882: “Gift” defined “Gift” is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by […]

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Transfer of Property Act

Types of Mortgages

Law > Civil Laws > Transfer of Property Act > Types of Mortgages The classification of mortgage has been made on the basis of the nature of the interest which is transferred for securing the loan. Accordingly, there is a difference in the rights and liabilities in each kind of mortgage. These six types of […]

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Transfer of Property Act

Mortgage

Section 58: “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.— (a) A mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to […]

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Transfer of Property Act

Liabilities of Lessee

Law > Civil Laws > Transfer of Property Act > Liabilities of Lessee Section 108 of the Act deals with the liabilities and rights of the lessor and lessee of immovable property. In this article, we shall discuss the liabilities of lessee. Section 108 clauses (k) to (q) deals with the liabilities of lessee Section […]

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Transfer of Property Act

Rights of Lessee

Law > Civil Laws > Transfer of Property Act > Rights of Lessee Section 108 of the Act deals with the liabilities and rights of the lessor and lessee of immovable property. In this article, we shall discuss the rights of lessee. Section 108: Rights and liabilities of lessor and lessee: In the absence of […]

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Transfer of Property Act

Liabilities and Rights of Lessor

Law > Civil Laws > Transfer of Property Act > Liabilities and Rights of Lessor Section 108 of the Act deals with the liabilities and rights of the lessor and lessee of immovable property. In this article, we shall discuss the liabilities and rights of lessor. Section 108: Rights and liabilities of lessor and lessee. […]

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Transfer of Property Act

Introduction to Lease

Law > Civil Laws > Transfer of Property Act > Introduction to Lease One of the modes of transfer of immovable property for a particular period of time is Lease. A lease is a transfer of an interest in the property for a stipulated period of time without transferring the ownership of that property. In […]