lis pendens

LIS PENDENS under Transfer of Property Act

The word ‘lis’ means a suit and the word ‘pendens’ means pending. In simple words, the meaning of those terms is that a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property. If any case has been filed regarding any property then […]

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DOCTRINE OF SPES SUCCESSIONIS

DOCTRINE OF SPES SUCCESSIONIS

INTRODUCTION TO THE LAWS RELATED TO PROPERTY DOCTRINE OF SPES SUCCESSIONIS- By its very extant, the community mandates interaction, exchange or transfer. A property whether movable or immovable, is transferred from one person to another under distinct situations and circumstances and for different values. This pass on may be a gift, an endowment or an […]

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MORTGAGOR'S RIGHT TO REDEEM THE MORTGAGE

MORTGAGOR’S RIGHT TO REDEEM THE MORTGAGE

The term Mortgage can be defined as a transfer of an interest in immovable property as security for a loan. A mortgage provides a legal interest in someone else’s property with a right to redeem.  Pledge means a secured loan against any movable property, while the mortgage is a secured loan against immovable property. Section […]

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The Model Tenancy Act Draft aiming to transform the lives of tenants and landowners for the good!

The Model Tenancy Act Draft aiming to transform the lives of tenants and landowners for the good!

Provisions of the Tenancy Law that now every tenant and landowner needs to know NOW! The draft for Model Tenancy Act was out in 2019, and the Ministry of Housing and Minister Affairs recently told that they will be soon approaching the Cabinet for its approval. Since its first announcement, various eminent real estate personalities […]

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RULE AGAINST PERPETUITY

RULE AGAINST PERPETUITY under TPA, 1882

“A Perpetuity, may be a thing odious in law , and destructive to the Commonwealth, it might put a stop to commerce, and stop the circulation of riches of the kingdom, and therefore not to be countenanced in equity “[1]  Introduction RULE AGAINST PERPETUITY under TPA, 1882- Putting restrictions on the transferability of property is […]

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DOCTRINE OF LIS PENDENS

DOCTRINE OF LIS PENDENS

“It is a doctrine common to the courts both of law as well as equity, and rests upon the foundation that it would plainly be impossible that any action or suit could be brought to a successful termination, if alienation pendent lite were permitted to prevail” [1] Concept and Nature Lis Pendens means a pending […]

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introduction to transfer of property act 11 638

BLOG- SCOPE OF EXCHANGE UNDER TRANSFER OF PROPERTY ACT, 1882

Introduction Life, liberty, and property do not exist because men have made laws.  On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.                                      […]

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LAND ACQUISITION

BLOG- Land Acquisition, Rehabilitation and Resettlement Bill, 2011

INTRODUCTION   A revision of the century-old Land Acquisition Act, 1894 has been on the anvil for quite some time, with the Supreme Court and all stakeholders repeatedly emphasizing the archaic nature of the present statute and the need for reforms that ensured a more consultative and equitable process for land acquisition and rehabilitation of affected persons. Accordingly, […]

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