Transfers made for the benefit of unborn persons are provided in the Transfer of Property Act, 1882 (referred to as ‘Act’)[1]. This section deals with the transfer of immovable property to an unborn child. Section 13 Transfer for the benefit of the unborn person. – “Where, on a transfer of property, an interest therein is […]
A lease is an agreement under which certain rights are transferred from an owner of a property to the lessee. It is either for a fixed period of time or for forever. Under this, all rights are not transferred permanently only partial transfer takes place.[1] Under this, ownership remains with the owner or lessor however
The Transfer of Property Act, 1882 is a civil legislation of immense significance owing to the vast number of properties related transactions taking place throughout the country. A uniform legislation was the need of the hour considering this factor, and this Act was drafted to serve the selfsame purpose. The Act came into existence on
The Transfer of Property Act was enacted on 1st July 1882 with the objective to deal with the transfer of immovable property from one living person to another living person. The main purpose of the Act is to make rules, in order to regulate the transmission of immovable property between living persons. Before the Act
The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this Code, the thing of which there may be ownership is called property. The property laws in India haven’t drastically changed and deviated from the natural course of customs &
“Doctrine of lis pendens” has been propounded under Section 52 of the Transfer of Property Act, 1882. According to this doctrine “the transfer of the immovable property related to suit under consideration or proceedings can only be done by the order of the court otherwise not. In other words, it can be said that if
In layman terms, gift refers to a unilateral transfer of ownership, without any consideration. According to the Transfer of Property Act, 1882, ‘gift’ means the transfer of a thing, which can be movable or immovable in nature, to a person, without any consideration. In the transfer of gift, it is essential that the thing which is being transferred should be in existence at the time of making the gift and thus, a future property cannot be transferred or cannot be gifted.
