A lease is an agreement under which certain rights are transferred from an owner of a property to the lessee. It is either for a fixed period of time or for forever. Under this, all rights are not transferred permanently only partial transfer takes place.[1] Under this, ownership remains with the owner or lessor however …
The Supreme Court consisting of a two-judge bench held that non-payment of the entire sale consideration cannot be a valid ground for cancellation of the sale deed. This statement was recorded by the court in the matter of Vidyadhar v. Manikrao, the court held that the words “paid or promised price or part paid and the promised part” indicates that the actual payment of the full price at the time of the Deed is not a non-final sale sine qua non. The court also held that the non-payment of a certain portion of the price would not constitute the legitimacy of the sale. If the title deed has been transferred and the balance of the sale has not been paid then the title deed cannot be invalid for this reason.
The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this Code, the thing of which there may be ownership is called property. The property laws in India haven’t drastically changed and deviated from the natural course of customs & …
The Doctrine of Election under Transfer of Property Act,1882 Read More »
“Doctrine of lis pendens” has been propounded under Section 52 of the Transfer of Property Act, 1882. According to this doctrine “the transfer of the immovable property related to suit under consideration or proceedings can only be done by the order of the court otherwise not. In other words, it can be said that if …
The Transfer of Property Act,1882 is a piece of legislation that governs the transfer of property between parties by act of the parties themselves. Section 5 of the Act defines the term ‘transfer of property.’ A bare perusal of the provision makes it abundantly clear that transfer of property refers to a transfer of property …
Essentials of a valid transfer under the TPA,1882 Read More »
Sale refers to the transfer of ownership for consideration, which is a price paid by the buyer to the seller.[1] For sale, two parties are necessary, i.e., seller and buyer. The seller is the person who transfers the ownership in favor of another person and in whose favor the seller transfers ownership is known as …
Before the Transfer of Property Act, which came into force in 1882, the transfers of India’s immovable properties were then governed by the various Principles of the English law and equity. In the absence of any of the statutory provisions, the courts have to fall back upon English law and equity. In the absence of …
VARIOUS ASPECTS UNDER TRANSFER OF PROPERTY ACT, 1882 Read More »