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Section 53 of the Transfer of Property Act, 1882, incorporates the principle of equity and focuses on preventing fraudulent transfers that could harm creditors or subsequent transferees. The essence of this provision is to ensure that a person who transfers property with the intention of delaying or defeating their creditors cannot misuse the legal system to avoid their obligations. Section 53 divides the law on fraudulent transfers into two parts—one that protects the rights of creditors and another that safeguards....
Read MoreSection 52 of the Transfer of Property Act, 1882, is based on the doctrine of lis pendens, which translates to "pending litigation." The term is derived from Latin, where "lis" means litigation and "pendens" means pending. The doctrine essentially states that when a dispute regarding immovable property is pending before a court, no new interests should be created in that property. This principle is encapsulated in the Latin maxim “pendent lite nihil innovature,” meaning "nothing new should be introduced during....
Read MoreSection 48 of the Transfer of Property Act, 1882, establishes the rule regarding the priority of rights created by transfer of immovable property. It operates on the equitable principle of "qui prior est tempore, potiorest jure," which translates to "first in time is better in law." This principle ensures that when multiple rights are created over the same property at different times, the earlier-created rights will have priority over those created later. Essentially, if a person transfers the same property....
Read MoreSection 43 of the Transfer of Property Act, 1882, deals with the concept of “Feeding the Grant by Estoppel.” This section applies in situations where a person who does not have the authority to transfer immovable property fraudulently or erroneously claims to transfer it. If that person later acquires the authority or interest in the property, the transferee (the person to whom the property was transferred) has the right to compel the transferor to pass on the property to them.....
Read MoreThe Madhya Pradesh High Court recently set aside a Family Court's order rejecting a divorce petition under the Hindu Marriage Act, 1955 (HMA), clarifying that the Act applies to the Jain community despite its recognition as a minority community. The ruling underscores the legal position that Jain marriages fall within the purview of HMA due to their similarity in rituals and the express provisions of the law. Background of the Case The case arose from an appeal under Section 19(1)....
Read MoreSection 41 of the Transfer of Property Act (TPA) deals with transfers made by an ostensible owner and protects the rights of a bona fide transferee. However, this section is now subject to the Benami Transactions (Prohibition of the Right to Recover Property) Act, 1988 (B.T. Act), which restricts certain property transactions carried out in the name of another person (Benami transactions). The B.T. Act makes it clear that in such cases, the person in whose name the property is....
Read MoreSection 40 of the Transfer of Property Act deals with the concept of restrictive covenants and contractual obligations related to land. A restrictive covenant is a condition imposed by the transferor that limits the use or enjoyment of the transferred property by the transferee. This provision is based on the principle laid down in the landmark English case of Tulk v. Moxhay (1848), which established that restrictive covenants “run with the land,” meaning they bind not only the immediate transferee....
Read MoreThe First National Lok Adalat of 2025, conducted on March 8 in Gujarat under the aegis of the National Legal Service Authority (NALSA), marked a significant milestone in alternative dispute resolution. With over 7 lakh cases settled and compensation worth ₹2,743 crores awarded, this event demonstrated the efficiency and impact of Lok Adalats in reducing the pendency of cases in courts. Leadership and Execution The event was spearheaded by Chief Justice of the Gujarat High Court and Patron-in-Chief of the....
Read MoreIntroduction The recent controversy surrounding stand-up comedian Kunal Kamra, who allegedly made defamatory remarks against Maharashtra Deputy Chief Minister Eknath Shinde, has raised significant legal questions. Following his comments, an FIR was registered against Kamra, and Mumbai police are tracing his location for further legal action. Additionally, the incident led to acts of vandalism by Shiv Sena workers, resulting in multiple arrests. This blog explores the legal framework governing defamation, freedom of speech, and unlawful assembly in the context of....
Read MoreIntroduction The legal fraternity was shaken when reports emerged regarding the alleged recovery of unaccounted cash from the residence of Delhi High Court judge Justice Yashwant Varma. This development raised serious concerns about judicial integrity, prompting an in-house inquiry and speculation regarding his transfer. However, the Supreme Court has categorically denied that the Collegium has recommended his transfer due to the cash recovery incident. Instead, a press release issued by the apex court clarifies that the proposed transfer is independent....
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