Law of Ownership and Transfer of Property in India

Law of Ownership and Transfer of Property in India
Author: Sandeep Bhalla
Publisher: lawmystery.in
Total Pages: 1008
Release: 2017-08-03
Genre: Law
ISBN: 9352799534

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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.

The Property Law of India

The Property Law of India
Author: Shubham Sinha
Publisher: Createspace Independent Publishing Platform
Total Pages: 54
Release: 2015-11-05
Genre:
ISBN: 9781515241591

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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.

Textbook on the Transfer of Property Act

Textbook on the Transfer of Property Act
Author: Avtar Singh
Publisher: Universal Law Publishing
Total Pages: 548
Release: 2009
Genre: Property
ISBN: 9788175347311

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Introduction to Property Law in India

Introduction to Property Law in India
Author: Siva Prasad Bose
Publisher: Joy Bose
Total Pages: 56
Release: 2022-01-20
Genre: Law
ISBN:

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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.

Intellectual Property Law in India

Intellectual Property Law in India
Author: Tamali Sen Gupta
Publisher: Kluwer Law International B.V.
Total Pages: 182
Release: 2022-08-20
Genre: Law
ISBN: 9403545720

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in India. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in India will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Modes of Transfer of Property in India

Modes of Transfer of Property in India
Author: Prof. Dr. Rachana Choudhary
Publisher: Inkbound Publishers
Total Pages: 291
Release: 2023-12-11
Genre: Law
ISBN: 8195653316

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Explore the various legal mechanisms for property transfer in India with this comprehensive guide. Covering sale, lease, mortgage, gift, and more, this book delves into the intricacies of property law, offering practical insights for legal professionals, property developers, and individuals navigating the Indian real estate market.