This issue came before the Supreme Court in the case of ‘Balai Chandra Mondal v. Smt. Indurekha Debi (1973)’. Here goes the facts and analysis of the case- What Supreme…
In the case of ‘Shehammal v. Hasan Khani Rawther (2011)’ Supreme Court had occasion to consider this question. The court had three questions to consider in this case, which are…
How law of pre-emption came to India? The law of pre-emption is essentially a part of Muhammadan jurisprudence. It was introduced into India by Muhammadan Judges who were bound to…
The procedure to claim ‘right of pre-emption’ is of highly technical nature and full of formalities. There are some conditions required to be compiled to claim the rightful right. Therefore,…
Meaning of Pre-emption The right of shufaa or pre-emption is a right which the owner of an immovable property possesses to acquire by purchase another immovable property which has been…
Meaning of License Section 52 of the Easements Act defines a “License” Where one person grants to another, or to a definite number of other persons, a right to do,…
If any person while defending his/her property from robbers, thieves, dacoits, trespassers, commit any harm to the attackers, s/he will not be liable for that offence. But, there are some…
WHAT IS MORTGAGE? In a mortgage, a person (mortgagor) transfer the interest of his property or property or title deed of his property to another person (mortgagee) to take the…
Transfer of property Act, 1882, (hereinafter called as “TPA”) discuss the law of provisions in chapter IV, from section 58 to section 99. However, section 99 which was related to…
A person’s conduct in collecting rents and managing estates does not empower him to transfer land
This issue came before the Supreme Court in the case of ‘Balai Chandra Mondal v. Smt. Indurekha Debi (1973)’. Here goes the facts and analysis of the case- What Supreme…
Can a Mohammedan by means of a Family Settlement relinquish his right of spes successionis?
In the case of ‘Shehammal v. Hasan Khani Rawther (2011)’ Supreme Court had occasion to consider this question. The court had three questions to consider in this case, which are…
Does Rule of Pre-emption apply when Vendor or vendee is Hindu?
How law of pre-emption came to India? The law of pre-emption is essentially a part of Muhammadan jurisprudence. It was introduced into India by Muhammadan Judges who were bound to…
The Procedure of Pre-emption with case example
The procedure to claim ‘right of pre-emption’ is of highly technical nature and full of formalities. There are some conditions required to be compiled to claim the rightful right. Therefore,…
Right of pre-emption or shufaa in brief
Meaning of Pre-emption The right of shufaa or pre-emption is a right which the owner of an immovable property possesses to acquire by purchase another immovable property which has been…
Differences between license and lease with Illustration
Meaning of License Section 52 of the Easements Act defines a “License” Where one person grants to another, or to a definite number of other persons, a right to do,…
How a person can defend his property against the attacker?
If any person while defending his/her property from robbers, thieves, dacoits, trespassers, commit any harm to the attackers, s/he will not be liable for that offence. But, there are some…
Legal definitions and essentials of mortgage
WHAT IS MORTGAGE? In a mortgage, a person (mortgagor) transfer the interest of his property or property or title deed of his property to another person (mortgagee) to take the…
Mortgage Laws in India
Transfer of property Act, 1882, (hereinafter called as “TPA”) discuss the law of provisions in chapter IV, from section 58 to section 99. However, section 99 which was related to…
History of Mortgage Laws
We, Indians start to hear about mortgages from childhood. Even if we don’t listen about it in our home or by our elders, we read it in books when we…