The Property Law of India

The Property Law of India
Author :
Publisher : Createspace Independent Publishing Platform
Total Pages : 54
Release :
ISBN-10 : 1515241599
ISBN-13 : 9781515241591
Rating : 4/5 (99 Downloads)

Synopsis The Property Law of India by : Shubham Sinha

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.

Hindu Women's Property Rights in Rural India

Hindu Women's Property Rights in Rural India
Author :
Publisher : Ashgate Publishing, Ltd.
Total Pages : 168
Release :
ISBN-10 : 9781409493402
ISBN-13 : 1409493407
Rating : 4/5 (02 Downloads)

Synopsis Hindu Women's Property Rights in Rural India by : Reena Patel

Hindu women in India have independent right of ownership to property under the Law of Succession (The Hindu Succession Act, 1956). However, during the last five decades of its operation not many women have exercised their rights under the enactment. This volume addresses the issue of Hindu peasant women's ability to effectuate the statutory rights to succession and assert ownership of their share in family land. The work combines a critical evaluation of law with economic analyses into allocation of resources within the family as a means of addressing gender relations and explaining resulting gender inequalities.

Law of Ownership and Transfer of Property in India

Law of Ownership and Transfer of Property in India
Author :
Publisher : lawmystery.in
Total Pages : 1008
Release :
ISBN-10 : 9789352799534
ISBN-13 : 9352799534
Rating : 4/5 (34 Downloads)

Synopsis Law of Ownership and Transfer of Property in India by : Sandeep Bhalla

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.

Real Estate Laws

Real Estate Laws
Author :
Publisher : Notion Press
Total Pages : 312
Release :
ISBN-10 : 1639045120
ISBN-13 : 9781639045129
Rating : 4/5 (20 Downloads)

Synopsis Real Estate Laws by : Dr Adv Harshul Savla

India maintains a common law legal system inherited from the colonial era and various legislations first introduced by the British are still in effect in modified form today. Indian legal system has a healthy mixture of civil, common law, customary and religious laws within the legal framework inherited from the colonial era. Indian laws also adhere to the United Nations guidelines on Human Rights Laws and Environmental Laws. Federalism in India is defined through Part IX of the Constitution of India which distributes the legislative, administrative and executive powers between the Central and State Government. The legislative powers are categorized under Union List, State List and Concurrent List, representing, respectively, the powers conferred upon the Union Government, those conferred upon the State Government and powers shared among them. Real Estate Laws refer to laws controlling the ownership and use of land. It covers the rights to possess, use and enjoy land and the permanent man-made additions attached to it. Real Estate Sector is often touted to be one of the most complex and complicated sector mainly owing to a wide array of laws governing the same. The 44th Amendment Act,1978 added Chapter VI on Right to Property in the Constitution of India. Article 300A states that no person shall be deprived of the possession of his property except in accordance with the procedure established by law. However, every right comes with corresponding set of liability, obligations and responsibility. "Ignorantia Juris Non Excusat" is a legal maxim holding that a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.

Handbook of Federal Indian Law

Handbook of Federal Indian Law
Author :
Publisher :
Total Pages : 700
Release :
ISBN-10 : UCR:31210017972660
ISBN-13 :
Rating : 4/5 (60 Downloads)

Synopsis Handbook of Federal Indian Law by : Felix S. Cohen

Women, Power, and Property

Women, Power, and Property
Author :
Publisher : Cambridge University Press
Total Pages : 395
Release :
ISBN-10 : 9781108870603
ISBN-13 : 1108870600
Rating : 4/5 (03 Downloads)

Synopsis Women, Power, and Property by : Rachel E. Brulé

Quotas for women in government have swept the globe. Yet we know little about their capacity to upend entrenched social, political, and economic hierarchies. Women, Power, and Property explores this question within the context of India, the world's largest democracy. Brulé employs a research design that maximizes causal inference alongside extensive field research to explain the relationship between political representation, backlash, and economic empowerment. Her findings show that women in government – gatekeepers – catalyze access to fundamental economic rights to property. Women in politics have the power to support constituent rights at critical junctures, such as marriage negotiations, when they can strike integrative solutions to intrahousehold bargaining. Yet there is a paradox: quotas are essential for enforcement of rights, but they generate backlash against women who gain rights without bargaining leverage. In this groundbreaking study, Brulé shows how well-designed quotas can operate as a crucial tool to foster equality and benefit the women they are meant to empower.

Introduction to Property Law in India

Introduction to Property Law in India
Author :
Publisher : Joy Bose
Total Pages : 56
Release :
ISBN-10 :
ISBN-13 :
Rating : 4/5 ( Downloads)

Synopsis Introduction to Property Law in India by : Siva Prasad Bose

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.

Law and the Economy in Colonial India

Law and the Economy in Colonial India
Author :
Publisher : University of Chicago Press
Total Pages : 253
Release :
ISBN-10 : 9780226387642
ISBN-13 : 022638764X
Rating : 4/5 (42 Downloads)

Synopsis Law and the Economy in Colonial India by : Tirthankar Roy

By accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history."

Matrimonial Property Law in India

Matrimonial Property Law in India
Author :
Publisher :
Total Pages : 156
Release :
ISBN-10 : STANFORD:36105021957266
ISBN-13 :
Rating : 4/5 (66 Downloads)

Synopsis Matrimonial Property Law in India by : B. Sivaramayya

This Book Will Not Only Be A Useful Reference Text For Those Dealing In Marital Law, Property Law And Gender Justice, It Will Welcomed By Women`S Groups And Ngos.