Law of Ownership and Transfer of Property in India PDF Download
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Author: Sandeep Bhalla
Publisher: lawmystery.in
ISBN: 9352799534
Category : Law
Languages : en
Pages : 1008
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Book Description
Ownership of property is a matter of fact. For example, I have an immovable property and I can enjoy it till I am interrupted by some one. However in law a person in possession of property is not necessarily its owner. Yet a person in possession has certain rights. All these aspects of ownership and possession are discussed in this book. In addition to above there are various other matters. Like Lease of land. Gift of movable and immovable property. Exchange of properties. Mortgage of properties. Rights and duties of all the persons involved in all these transactions. These are other matters covered in this book. This book deals with each aspect of Transfer of Properties Act, 1882 as applicable in India and also contains relevant leading precedents on most of the subjects which act as example of the problems. A unique feature of this ebook is that most of the cases/precedents/judgments referred and relied have relevant para extracted in the ebook with live links to the judgments. No more searching for relevant judgments which are just a click away. A must for a legal practitioner or a litigant alike.
Author: Sandeep Bhalla
Publisher: lawmystery.in
ISBN: 9352799534
Category : Law
Languages : en
Pages : 1008
Get Book Here
Book Description
Ownership of property is a matter of fact. For example, I have an immovable property and I can enjoy it till I am interrupted by some one. However in law a person in possession of property is not necessarily its owner. Yet a person in possession has certain rights. All these aspects of ownership and possession are discussed in this book. In addition to above there are various other matters. Like Lease of land. Gift of movable and immovable property. Exchange of properties. Mortgage of properties. Rights and duties of all the persons involved in all these transactions. These are other matters covered in this book. This book deals with each aspect of Transfer of Properties Act, 1882 as applicable in India and also contains relevant leading precedents on most of the subjects which act as example of the problems. A unique feature of this ebook is that most of the cases/precedents/judgments referred and relied have relevant para extracted in the ebook with live links to the judgments. No more searching for relevant judgments which are just a click away. A must for a legal practitioner or a litigant alike.
Author: Shubham Sinha
Publisher: Createspace Independent Publishing Platform
ISBN: 9781515241591
Category :
Languages : en
Pages : 54
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Book Description
This book is BARE ACT of Indian Law on property and its transfers applicable within Indian territories. It is the hardcore set of rules as exactly provided by Indian government authorities. The Transfer of Property Act 1882 is an Indian legislation which regulates the transfer of property in India. It contains specific provisions regarding what constitutes transfer and the conditions attached to it. It came into force on 1st July 1882. According to the Act, 'transfer of property' means an act by which a person conveys property to one or more persons, or himself and one or more other persons. The act of transfer may be done in the present or for the future. The person may include an individual, company or association or body of individuals, and any kind of property may be transferred, including the transfer of immovable property. Property is broadly classified into the following categories: Immovable Property (excluding standing timber, growing crops, and grass) Movable Property The Interpretation of the Act, says "Immovable property does not includes standing timber, growing crops or grass". Section 3(26), The General Clauses Act, 1897, defines, " immovable property" shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth. Also, The Registration Act,1908, 2(6) "immovable property" includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass. A transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, unless a different intention is expressed or implied. Every person, who is competent to contract, is competent to transfer property, which can be transferred in whole or in part. He should be entitled to the transferable property, or authorised to dispose off transferable property which is not his own. The right may be either absolute or conditional, and the property may be movable or immovable, present or future. Such a transfer can be made orally, unless a transfer in writing is specifically required under any law. According to Section 6 of the Transfer of Property Act, property of any kind may be transferred. The person insisting non-transferability must prove the existence of some law or custom which restricts the right of transfer. Unless there is some legal restriction preventing the transfer, the owner of the property may transfer it. However, in some cases there may be transfer of property by unauthorised person who subsequently acquires interest in such property. In case the property is transferred subject to the condition which absolutely restrains the transferee from parting with or disposing of his interest in the property, the condition is void. The only exception is in the case of a lease where the condition is for the benefit of the lessor or those claiming under him. Generally, only the person having interest in the property is authorised to transfer his interest in the property and can pass on the proper title to any other person . There must be a representation by the transferor that he has authority to transfer the immovable property. The representation should be either fraudulent or erroneous. The transferee must act on the representation in good faith. The transfer should be done for a consideration. The transferor should subsequently acquire some interest in the property he had agreed to transfer. The transferee may have the option to acquire the interest which the transferor subsequently acquires.
Author: Prof. Dr. Rachana Choudhary
Publisher: Inkbound Publishers
ISBN: 8195653316
Category : Law
Languages : en
Pages : 291
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Book Description
Explore the various legal mechanisms for property transfer in India with this comprehensive guide. Covering sale, lease, mortgage, gift, and more, this book delves into the intricacies of property law, offering practical insights for legal professionals, property developers, and individuals navigating the Indian real estate market.
Author: Michał Araszkiewicz
Publisher: Springer
ISBN: 3319195751
Category : Law
Languages : en
Pages : 567
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Book Description
This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.
Author: Siva Prasad Bose
Publisher: Joy Bose
ISBN:
Category : Law
Languages : en
Pages : 56
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Book Description
Property law covers a range of conditions related to property, including its ownership, maintenance and transfer. Considering the importance and cost involved, as well as the necessity of getting a place to live, knowledge of the relevant aspects of property law is very important. In this book, we briefly introduce various aspects of property law in India, including the Transfer of Property Act and Indian Succession Act. It is hoped that this book will serve an an introductory guide for those who want to be aware of the applicable laws related to property in India, those who might be thinking of buying property, or those are involved in property transactions or court cases related to property.
Author: Sir Hari Singh Gour
Publisher:
ISBN:
Category : Transfer (Law)
Languages : en
Pages : 1244
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Book Description
Author: Dr. Veena Madhav Tomapi
Publisher: Universal Law Publishing
ISBN: 9788175348264
Category :
Languages : en
Pages : 276
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Book Description
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 782
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Book Description
Author: Nilima Bhadbhade
Publisher: Kluwer Law International B.V.
ISBN: 9403511265
Category : Law
Languages : en
Pages : 530
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in India covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in India will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 660
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Book Description
