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Property Law

Encyclopedia of Indian Law
  • A joint Hindu family under Dayabhaga is, like a Mitakshara family, normally joint in food, worship and estate-SC - SURJIT LAL CHHABDA Vs. THE COMMISSIONER OF INCOME TAX, BOMBAY-A HinduHindu A geographical name given by non-Hindus, who came to visit Bharatvarsha (Hindusthan). Sanatan Dharma is the actual Dharmic tradition of the Hindus. People who live in Hindusthan are Hindu, whether they Follow Islam, Chris, Buddha, Mahavira, or Nanaka. In this way, Tribals are also Hindu. coparcenary is a much narrower body than the joint family. It includes only those persons who acquire by birth an interest in the joint or coparcenary property and these are the sons, grandsons and great-grandsons of the holder of the joint property for the timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) being, that is to say, the three generations next to the holder in unbroken male descent. Since under the Mitakshara LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis., the right to joint family property by birth is vested in the male issue only, females who come in only as heirs to obstructed heritage (sapratibandha day), cannot be coparceners. But we are concerned under the Income-tax Act with the question whether the appellant's wife and unmarried daughter can with him be members of a Hindu undivided family and not of a coparcenary.
  • A Practical Approach to Commercial Conveyancing and Property-Robert Abbey - Commercial Property Related Websites- Authorized Guarantee AgreementContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. Precedent- Law Society Standard Form Leases- Standard Commercial Property Conditions (2nd edn)- Law Society Practice Note on Mortgage Fraud
  • Bankruptcy petition and key definitions - Article I, Section 8, of the United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the "Bankruptcy Code" in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It is the uniform federal law that governs all bankruptcy cases.
  • Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation. - In IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people...
  • Constitution (Forty-fourth Amendment) Act- taking out the fundamental right of property - In view of the special position sought to be given to fundamental rights, the right to property, which has been the occasion for more than one amendment of the Constitution, would cease to be a fundamental right and become only a legal right. Necessary amendments for this purpose are being made to article 19 and article 31 is being deleted. It would, however, be ensured that the removal of property from the list of fundamental rights would not affect the right of minorities to establish and administer educational institutions of their choice.
  • Custodian of evacuee property - "Custodian-General" means the Custodian-General of Evacuee Property in IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more appointed by the Central Government under section 5;
  • Freehold and leasehold ownership in UK - What does “ownership” mean? When an estate agentAgent An agent is a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the principal. Indian Contract Act markets a house or flat as being “for sale”, what is the asset on offer? In EnglandEngland In England, the Parliament was originally an advisory body summoned to consult with the monarch, and the courts exercised delegated royal powers, as “lions beneath the throne”. and Wales, property is almost always owned on either a freehold or a leasehold basis. A leasehold interest is therefore often referred to as a wasting asset: while it may increase in value in line with property prices, its value also tends to fall over time as its length (the “unexpired term”) reduces.
  • If property belongs to Government for acquisition of easementary right by prescription user of “30 years” is required. - It is settled principle of law that what has not been conferred in the plaint cannot be proved. Only right of easement by way of prescription has been pleaded, alleging that Plaintiff was using the land of Plot No. 164 for 20 years. It is pertinent to mention here that at the end of Section 15 of Indian Easement Act, 1882, which pertains to acquisition by prescription, it is specifically mentioned that if the property, over which a right is claimed, belongs to the Government, the word '20 years' shall be read as '30 years'. As such, in respect of a Government land mere user for 20 years does not confer any easementary right by way of prescription to the Plaintiff, as he has nowhere pleaded that he used the land for 30 years or more.
  • Last Will of A.C. Bhaktivedanta Swami Prabhupada, founder-acharya of ISKCON (04/06/1977) - I have created, developed and organized the International Society for Krishna Consiousness, and as such I hereby will that none of the immovable properties standing in the name of ISKCON in India shall ever be mortgaged, borrowed against, sold, transferred, or in any way encumbered, disposed of, or alienated.
  • Last Will of Siddhanta Saraswati (31/12/1936) - "We were rendering duty in his sick bed, I was also among them, my duty was from 2 o'clock at night to 4 o'clock in the morning. Just before 24 hours of his departure he called for me and asked me to sing a song: Sri Rupa Manjari pada sei mora sampada, this famous song which is supposed to be the highest realisation of any Gaudiya Vaishnava devotee. Then after 24 hours, on the first of January early morning he left the world." (Sreedhar Maharaj)
  • Law of Adverse Possession in India - Historical background The concept of ADVERSE POSSESSION was born in EnglandEngland In England, the Parliament...
  • No probate can be granted with regard to joint family property - In the case of Smt. Radhika Devi and Another Vs. Ajay Kumar Sharma and Others [ (2011)...
  • Origin of the Rights of Property by Henry Jasper Philpott (1889) - it would be absolute justice for all men to be rich and happy in proportion to their deserts, whatever that last word may mean; perhaps it would mean that they ought to be rich and happy in proportion to the pains of the work they do, perhaps in proportion to its results.
  • Précis of property law- Lafond Pierre Claude - This work, the author intends to contribute to making people love property law, this branch of legal science with aspects too often presented as off-putting, which nevertheless hides conceptual masterpieces and prodigious examples of coherence as the only one. private law knows how to offer it.
  • Property - Article 31, like Art, 19 (1) (f), is concerned with “property.” Both the Articles are...
  • Property and Real Estate Laws in India - Core Practice Real Estate as an Object of Civil RightsReal Estate Development and City Planning...
  • Protection of property in Pakistan - No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefor and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given.
  • Real Estate Regulatory Authority has been effective in redressing the grievances of consumers - RERA  under the Real Estate (Regulation and Development) Act, 2016 has been effective in redressing the grievances of consumers. As per information provided by State/UTs, 70,601 complaints have been disposed off by Real Estate Regulatory Authorities till 23rd July, 2021.
  • Right to Pre-Emption - Under West Bengal Land Reform Act 1956 In order to establish the claimA ClaimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. A...
  • Rules, Regulations, and Court Cases in Connection with ISKCON Bombay - It is stated that Shri Prabhupada established temples in Mumbai initially and later in other cities and towns in India, to initiate the Movement in India. In the year 1971, the International Society for Krishna Consciousness, (ISKCON), Mumbai, was said to have been registered under the Societies Registration Act, 1860 and as a Trust under the Bombay Public Trusts Act, 1950
  • Succession after death - A right of way over a neighbor's land can only be acquired by grant, or by using it adversely for twenty years. A man uses a way for ten years, and dies. Then his heir uses it ten years. Has any right been acquired?
  • The Concept of Possession: Why it needs to be protected - Possession is to be protected because a man by taking possession of an object has brought it within the sphere of his will. He has extended his personality into or over that object. As Hegel would have said, possession is the objective realization of free will. And by Kant's postulate, the will of any individual thus manifested is entitled to absolute respect from every other individual, and can only be overcome or set aside by the universal will, that is, by the state, acting through its organs, the courts.
  • The Court tried to read the Human RIGHTS position in the context of adverse possession , which is commendable. - In Karnataka State Financial CorporationCorporation A legally established entity that can enter into contracts, own assets...
  • The Delhi Apartment Ownership Act, 1986 - The Delhi Apartment Ownership Act, 1986 Chapter I – Preliminary Short title, extent and commencement...
  • The Kerala Christian Church Properties and Institutions Trusts Act, 2009 - THE KERALA CHRISTIAN CHURCHChurch A creedal political organization of Christian People (Ecclesia) created by Constantine...
  • The Prevention Of Damage To Public Property Act, 1984 - (3 of 1984) An Act to provide for prevention of damage to public property and...
  • Top charities in England and Wales registered with Charity Commission for England and Wales - The Commission is the registrar and regulator of charities in England and Wales. The Commission is a non-ministerial government department and part of the Civil Service. The Commission is, by law, independent from ministerial influence or control over its day-to-day operations and decision-making. The Charities Act 2011 (‘the Act’) section 13 (4), states that: ‘In the exercise of its functions, the Commission shall not be subject to the direction or control of any Minister of the Crown or other government department.’ As a public body, the Commission is committed to governance excellence and to being accountableAccountable The legal and political obligation of an independent institution to properly explain and justify its decisions to the citizens and their elected representatives, thereby making it responsible for fulfilling its objectives. The Supreme Court of India is not accountable to the Indian citizens and, more formally, to the Parliament. and transparent for its decisions and activities.
  • What is Succession Certificate - U/S 372 of the Indian Succession Act The expression ‘succession certificate’ has not been defined...
  • Whether a beneficiary of a waqf can succeed on the strength of a plea of adverse possession in regard to the property of waqf? - In order that a suit may fall under Article 96, there must be a transfer by a Manager which would include a Mutawalli of a waqf. It must be for valuable consideration. In order that there is a transfer, it must not be still born. It should not be a void transaction.