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The Transfer of Property Act, 1882, governs the transfer of property in India and lays down the legal framework for such transactions. It defines what can and cannot be transferred, ensuring that only legally valid and fair transfers take place. While property of any kind can generally be transferred, there are certain exceptions where the law prohibits transfer due to the nature of the property, public interest, or the rights of specific individuals. Section 6 of the Act lists these....
Read MoreIntroduction The concept of notice is essential in property law, as it determines whether a person is legally aware of certain facts related to a transaction. Under the Transfer of Property Act, 1882, the term notice is defined under Section 3, which explains when a person is considered to have knowledge of a fact. The importance of notice lies in the fact that once a person is deemed to have notice of a fact, they cannot later deny its existence.....
Read MoreIn legal terms, an actionable claim refers to a right that a person holds to recover a debt or a beneficial interest in property through a legal proceeding. Unlike tangible assets that can be physically possessed, an actionable claim exists as a legal right recognized by civil courts, allowing the claimant to seek relief. This concept plays a crucial role in property law, particularly in matters involving debts and claims over movable property. Definition Under Section 3 of the Transfer....
Read MoreAttestation plays a crucial role in property transactions, ensuring that the execution of a transfer document is genuine and legally valid. In the context of property law, attestation involves witnesses verifying that the transferor has signed or executed the deed of transfer. This process safeguards the legitimacy of property transfers and prevents fraudulent claims. Oral and Written Transfers Under the Transfer of Property Act Property can be transferred either orally or through a written document. Section 9 of the Transfer....
Read MoreWhen a legal dispute arises, the first crucial step is determining where the lawsuit should be filed. The place of suing refers to the appropriate court where a case must be initiated. This ensures that the case is heard by a court with the right jurisdiction, leading to an efficient and fair resolution. The Code of Civil Procedure (CPC) provides clear guidelines on where legal actions should be instituted, preventing unnecessary delays and improper filings. Court of Proper Jurisdiction (Section....
Read MoreThe term sub judice is derived from Latin, meaning "under judgment." It signifies that a particular matter or case is actively being considered by a court or a judge. In legal proceedings, this principle plays a crucial role in preventing conflicting decisions and ensuring judicial efficiency. Meaning and Application of the Sub Judice Rule When multiple cases involving the same parties and the same subject matter are filed in different courts, the competent court has the authority to stay (pause)....
Read MoreIn Gambhir Singh v. State of Uttar Pradesh, 2025 SC 175 the Supreme Court acquitted an individual who had been sentenced to death for the gruesome murder of his six family members, including his four children and brother. The prosecution's case was primarily based on circumstantial evidence, alleging that the appellant committed the murders due to a land dispute. However, the Court found significant gaps in the prosecution's case, which ultimately led to the acquittal. The investigation was deemed faulty, with....
Read MoreIntroduction Order 40 of the Civil Procedure Code (CPC) outlines the rules regarding the appointment of a receiver. Simply put, a receiver is a neutral individual appointed by the court to take possession of and manage property or funds that are the subject of a legal dispute. The receiver ensures that the property is preserved and maintained while the case is ongoing. Before defining a receiver, it is important to understand that a receiver is an officer of the court.....
Read MoreThe "Right to Die" concept centers on allowing individuals, especially those with terminal illnesses, to end their life or refuse life-sustaining treatment. In India, this concept has evolved through key legal rulings, addressing ethical, moral, and legal challenges surrounding euthanasia. As Dr. Jack Kevorkian once said, “For those who are facing a terminal illness, who are in irremediable pain and suffering, and wish to exercise their right to die with dignity, a system should be available to them.” Understanding the....
Read MoreWhat is Section 25 of Limitation Act 1963 Section 25 of the Limitation Act deals with how someone can acquire an easement (a right to use someone else's land for a specific purpose) through long-term use. However, it does not specify the extent of the right or the legal actions available if that right is violated. Public Land vs. Private Easements A claim for public rights over public land is not considered an easement under Section 25. This section applies....
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