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 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 time being, that is to say, the three generations next to the holder in unbroken male descent. Since under the Mitakshara Law, 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.
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.
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 India appointed by the Central Government under section 5;
Freehold and leasehold ownership in UK-What does “ownership” mean? When an estate agent markets a house or flat as being “for sale”, what is the asset on offer? In England 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.
Law of Adverse Possession in India-Historical background The concept of ADVERSE POSSESSION was born in England around 1275 and was initially created to allow a person to claim right of “seisin” from his ancestry. Many felt that the original law that relied on “seisin” was
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 in the same chapter and deal with fundamental rights. Therefore, it is reasonable to say that the word “property” must be given the same meaning
Property and Real Estate Laws in India-Core Practice Real Estate as an Object of Civil RightsReal Estate Development and City Planning LegislationTitle to Real Estate (Cadastral Register, Real Estate Property Registry) and Latin Notary System.Real Estate ContractsReal Estate and Legal Protection of Cultural Heritage SitesReal Estate
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.
Right to Pre-Emption-Under West Bengal Land Reform Act 1956 In order to establish the claim of pre-emption, the petitioner pre-emptor has to establish the basic ingredients of Section 8 of the Act of 1955. In a case of pre-emption under Section 8
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 Delhi Apartment Ownership Act, 1986-The Delhi Apartment Ownership Act, 1986 Chapter I – Preliminary Short title, extent and commencement Application Definitions Chapter II – Ownership, heritability and trasferability of apartments Ownership of apartments Apartment to be heritable and transferable Ownership of apartment subject to
The Prevention Of Damage To Public Property Act, 1984-(3 of 1984) An Act to provide for prevention of damage to public property and for matters connected therewith . Be it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows: 1. Short title, extent
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 accountable 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 in the Act. The preamble to Succession Certificate (Act VII of 1889) gives an idea about the object of such certificate. The preamble states “whereas
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