INTRODUCTION Section 52 of the Transfer of Property Act enacts the doctrine of “Lis-Pendens Bu simply, it means any right to immovable property, which is the subject matter of a legal proceeding, cannot be transferred or dealt with so as to defeat the rights of any party to the suit (except under the order of … Read more
INTRODUCTION Sale is transferring property or ownership by a seller to the buyer in exchange for a price paid or promised to be partly paid or part promised. There is the absolute transfer of all rights in the property sold. The seller must be competent to transfer the property. RELEVANT PROVISIONS Section 54, 55 … Read more
INTRODUCTION A lease is a transfer of a right to enjoy the property of a lessor made for a certain time under which the lessee is put in possession of the property. The rights of ownership or title are not passed on to the transferee. There is only a transfer of the right of enjoyment … Read more
INTRODUCTION The gift is the transfer of certain existing moveable or immovable property made voluntarily and without consideration by one person called the donor to another called the donee, and accepted by or on behalf of the donee. A gift can also be revoked. RELEVANT PROVISIONS Section 122 to 128 of the Transfer of … Read more
INTRODUCTION A mortgage is a security given by a person to ensure or facilitate the fulfilment of some obligation undertaken by him. Usually, this obligation is the repayment of a debt Section 58 of the Transfer of Property Act deals with the mortgage and its kinds. MEANING OF MORTGAGE A mortgage is an interest … Read more
INTRODUCTION Classes of revenue officers are mentioned under section 7 of Land Revenue Act 1967. The Land Revenue Act describes appointment, power duties and functions of all classes of revenue officers. The board of revenue has administrative control in revenue matters all over a province. Board of Revenue controls and supervises revenue officer to whom … Read more
INTRODUCTION Land Acquisition Act 1894 empowers the government to acquire land only for public purposes or for companies Compensation is determined and paid to those private persons or bodies whose land is so acquired. Different matters are kept in view while determining the value of the property which is acquired. RELEVANT PROVISIONS Section 23 … Read more
INTRODUCTION Recovery of Possession is a universal right of every man. No person can dispossess him without his consent and without adopting the proper procedure provided by the law of the land. The law discourages the people from taking the law into their hands. Sections 8 and 9 provide a speedy and summary remedy through … Read more
INTRODUCTION The headman of a village community is called Lambardar. He is appointed by the District Revenue officer/District Collector in a village. The duties of Lambardar are to collect and supervise the collection of revenue of an estate. He is the representative of the village community and a link between the government and the public. … Read more
INTRODUCTION In case of urgency, the government is empowered to acquire land only for public purposes or for company. The government is to decide about the public purpose. A collector can acquire the possession of land under the Land Acquisition Act 1894 for public purposes. Such land vests with the Government free from all encumbrances. … Read more
INTRODUCTION Rectification of an instrument refers to correcting or modifying an error, ambiguity, or mistake in a legal document or contract. It aims to ensure that the instrument accurately reflects the original intention of the parties or not. It also eliminates any inconsistencies or discrepancies that could lead to misunderstandings or disputes. RELEVANT PROVISIONS … Read more
INTRODUCTION There is a liability of the Landowners for the payment of the Land revenue. If the land revenue is not paid by the Landowners then such amount is considered as the arrear of the Land revenue. The person who does not pay the land revenue is known as the defaulter. RELEVANT PROVISION Sections … Read more
INTRODUCTION If the award is not acceptable to parties or any person, the remedy is available. To an aggrieved person under the Land Acquisition Act against the award of the collector. The collector in his motion can refer to the court in respect of apportionment of the compensation. RELEVANT PROVISIONS Sections 18 and 30 … Read more
INTRODUCTION Rescission means cancellation of the contract by mutual consent. The basic purpose and intent of the Equity Court is to grant maximum relief to the sufferer. When any contract is made through fraud, undue influence, coercion, mistake, or misrepresentation, it is voidable. All these contracts are rescindable. The Court may grant the relief of … Read more
INTRODUCTION The record of rights is a collection of various revenue papers regarding an estate. Records of rights provide various information about a particular land. The assessment of land revenue payable, and disputes regarding land are determined in the light of determination Inland matters, the presumption of truth attached to the entries in the record … Read more
INTRODUCTION Cancellation means to cancel any instrument. The relief granted by the Court is discretionary and just in nature in the cases of cancellation of the instrument. The documents create the right upon certain movable and immovable property. The instruments and deeds which are void or voidable may be cancelled by the Court upon filling … Read more
INTRODUCTION Any joint owner of land or joint owner of tenancy can make an application for partition of holding. The application for the partition of land is filed before the Land Revenue Officer. So that each owner of Land may take possession, enjoy and control his separate estate at his own pleasure. A person who … Read more
INTRODUCTION Registration Act deals with the registration or non-registration of documents. All sorts of documents are not compulsorily registered in the Registration Act. The documents that are required under the Registration Act to be registered if they are not so registered, lose evidentiary value, and shall not be admitted in evidence. RELEVANT PROVISIONS Section … Read more
INTRODUCTION Equitable remedies are specific types of solutions that are ordered by the court. The main purpose is to provide fairness and justice in legal disputes. Unlike monetary compensation (legal remedies), equitable remedies seek to address unique circumstances by ordering specific actions or restraining behaviors. Common equitable remedies include injunctions, specific performance, and rescission. These … Read more
INTRODUCTION Revenue Officers have immense authority in respect of revenue matters, there is, however, a restriction imposed upon them by law that they cannot adjudicate upon matters where a “question of title” is involved. RELEVANT PROVISIONS Section 140 of the Land Revenue Act necessitates the ascertainment of the question as to title by the … Read more
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