Law of TPA

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 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 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 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 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 All sorts of documents are not compulsorily registrable under the Registration Act. There are documents on which registration is at the option of the party. The non-registration of such documents does not affect the validity or admissibility of the evidence.   RELEVANT PROVISIONS Section 18 the Registration Act 1908 deals with the optional registerable … Read more

INTRODUCTION Under the Registration Act, there are documents that require compulsory registration. If such documents are not registered there will be no evidentiary value.   RELEVANT PROVISIONS Section 49 Registration Act 1908 deals with the effects of the non-registration of documents.   PURPOSES OF REGISTRATION The following are the purposes for registration of the document … Read more

INTRODUCTION The registering officer has certain duties regarding the registration of the documents. When a document is presented for registration to the registering officer, he endorses every document presented before him, the date, place of registration, and signature of the person presenting such document, and gives a receipt for such document to the person presenting … Read more

INTRODUCTION A remedy can be availed by the person when the concerned officer refuses to do so. Sub-registrar can refuse to register a document on account of various grounds. Under the Registration Act. He can also refuse to register a document without assigning any reason. A person whose registration has been refused can avail himself … Read more

INTRODUCTION When a person dies, the property which he had left is transferred, to others either according to his will or according to the law of succession The succession certificate is a formal document that attests to the qualification of a person as entitled to collect some debt or securities by an entitled person. Any … Read more

INTRODUCTION Will is a legal declaration of the intention of a testator concerning his property which desires to be carried into effect after his death.    RELEVANT PROVISIONS Sections 2(H), 59, and 62 of the Succession Act 1925.   LITERAL MEANING A will means the disposition of property which takes effect after the death of … Read more

INTRODUCTION The letter of administration entitles the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death. If the deceased has died intestate and was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, administration of his estate may be … Read more

Meaning of Probate Section 2(f) of the Succession Act 1925 defines Probate Probate means the copy of a will that is certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator. Rules as to Probate Probate shall be granted only to an executor appointed … Read more

INTRODUCTION When a person dies, the property which he had left is transferred, to others either according to his will or according to the law of succession The succession certificate is a formal document that attests to the qualification of a person as entitled to collect some debt or securities by entitled person Any person … Read more