property law

INTRODUCTION Under Section 32(g) of the Real Estate (Regulation and Development) Act, 2016, Maharashtra Real Estate Regulatory Authority must take measures to facilitate amicable conciliation of disputes between promoters and the allottees through dispute settlement forums set up by the consumer or promoter associa..

The past decade has been a game changer for the Indian real estate sector. With the likes of Amrapali, Japyee, Unitech and several other builders who created a nationwide paranoia among home buyers, enactment of new real estate laws turned it all around against the builders who felt immune to the laws. RERA: The Beacon ..

All provisions of Real Estate (Regulation and Development) Act, 2016 (Act) have come in force in Maharashtra on 1st May 2017 and we are seeing the change in Real Estate Sector; inducing transparency and fair practices by the developers. The Maharashtra Real Estate Regulatory Authority (MahaRERA) has been the benchm..

License defined According to Section-52 of the Indian Easement Act, 1882 (Easement Act), where one person grants to another a right to do in or upon the immovable property of the grantor, something which would in the absence of such right, be unlawful and such right does not amount to an easeme..

Introduction Will is a legal declaration in the form of a document, expressing the intention of a testator, about how his property would be devolved on whom after his death. It is a personal document of a testator of sound mind, in regard to the disposition of his property in the event of his death. The law authori..

Introduction The “advance deposit”, which is being paid as part of a contract for transfer of an immovable property, has in the past been treated conceptually quite different from the “earnest money”, similarly paid. However the difference between both is..

Mortgage defined Mortgage is transfer of an interest in a specific immovable property, for securing an advance payment of money by way of loan.  It creates a pecuniary liability. It is in the form of a debt. The liability cannot be defeated by any subsequent transfer of that property, even if it is a bonfi..

Attesting witness An attesting witness is a person who puts his sign or mark on a deed or will at the request of its creator, immediately after its execution, for the purpose of proving and identifying that it is executed by the maker of it. Unless the maker of the document wants the witness to attest it, the latte..

A servitude is a right that a person has over the immovable property of another. It allows holder of the servitude to do something with the other person’s property, which may infringe upon the rights of the owner of the property. An example is the right of way to travel over a section of the other person’s property in order to reach his own property.A se..

One of the Deeds which seems to escape the axe of section 17(2) of the registration Act is the Family Settlement. In Halsbury's Laws of England a Family Arrangement has been defined as 'An Arrangement between the members of the same family intended to be generally and reasonably for the benefit of the family either by c..

Introduction Under Indian Limitation Act, 1963 a suit instituted after the period prescribed, is not maintainable and shall be dismissed.[1] Article 65 of the Limitation Act prescribes the period of limitation for suits for possession of immovable property based on title, ..

The Right to Property of a woman witnessed unprecedented changes from the days of uncodified Hindu Law till date.  A woman was entitled to only a Limited Estate before 1956 but was entitled to an absolute right to hold enjoy and alienate property by virtue of the Hindu Succession Act 1956. But still there was a great divide between the rights of a son and daughte..

Understanding doctrine of lis pendens Section 52 of Transfer of Property Act, 1882 (TP Act) embodies the doctrine of lis pendens. The doctrine provides that during the pendency of a litigation in which any right to immovable property is in question, such property cannot ..

Real estate industry being largest employment generator is considered to be a major contributor in the economy growth of developing country. Considering India to be an attractive foreign investment destination, Reserve Bank of India is empowered under Foreign Exchange Management Act, 1999 to formulate and govern real property transactions entered by non-resident I..

Reason for writing this article is that, recently a message on 'WhatsApp' became 'viral' claiming that the Honourable Supreme Court of India has ruled that Nomination to the Co-operative Society Shares is enough and no more Will, Heirship Certificate, Succession Certificate etc shall be required to transfer the Right Title and Interest in the Flat of t..