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Indian Evidence Act

The Exclusion of Oral by Documentary Evidence (Section 91 of IEA)

Law > The Indian Evidence Act, 1872 > Section 91 of IEA In this article we shall study Section 91 of IEA, the Indian Evidence Act, 1872 related to the concept of the exclusion of oral by documentary evidence. Meaning of Evidence: The term evidence has come from the Latin word “evident” which means “to show clearly” […]

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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

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

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

Liabilities of Seller (S.55 (1) and S. 55(2))

Law > Civil Laws > Transfer of Property Act > Liabilities of Seller The primary aim of laying down the rights and duties of the seller and the buyer in the case of sale is to ensure fair dealings, and as far as possible, to minimize fraud and waste of the property. In this article, […]

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Transfer of Property Act

Sale of Immovable Property (S. 54)

Law > Civil Laws > Transfer of Property Act > Sale of Immovable Property Section 54 of Transfer of Property Act, 1882 defines the sale of immovable property. Section 54 in The Transfer of Property Act, 1882 “Sale” defined.—‘‘Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and […]