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The doctrine of part-performance is an equitable principle based on the maxim, “Equity looks on that as done, which ought to have been done.” This doctrine protects a transferee who has acted on an agreement, even if the formal transfer process is incomplete. It prevents the transferor from going back on their promise and dispossessing the transferee. Origin of the Doctrine The concept of part-performance was developed in English law by the Chancery Courts to counter the rigid requirements of....
Read MoreA mortgage is defined under Section 58(a) of the Transfer of Property Act, 1882, as the transfer of an interest in specific immovable property to secure the payment of a loan, an existing or future debt, or the performance of an obligation that may result in financial liability. Unlike sale, exchange, or gift, which transfer full ownership, a mortgage involves a limited transfer of rights in the property. Types of Mortgages The Transfer of Property Act, 1882, under Section 58(b)....
Read MoreThe recent transfer of Justice Dinesh Kumar Sharma from the Delhi High Court to the Calcutta High Court has sparked a significant protest among the legal fraternity in Kolkata. Several lawyers’ associations, including the Calcutta High Court Bar Association, the Bar Library Club, and the Incorporated Law Society of Calcutta, have voiced their strong opposition, citing “serious allegations of impropriety” against Justice Sharma. The issue raises important questions about judicial transparency, the independence of the judiciary, and the process of....
Read MoreThe process of buying and selling property involves certain rights and duties that must be fulfilled by both parties to ensure a legally valid and smooth transfer of ownership. Section 55 of the Transfer of Property Act, 1882, defines these rights and duties, which are categorized into before the sale and after the sale. These provisions apply unless there is an express contract stating otherwise. Duties of the Seller Before the Sale Before the transfer of ownership is completed, the....
Read MoreIntroduction: On April 1, 2025, a dramatic exchange unfolded in the Supreme Court of India, when Justice Sanjiv Kant sharply criticized an NGO’s opposition to the establishment of a solar power plant. The case, which was brought before the apex court to challenge an order by the National Green Tribunal (NGT), quickly took a controversial turn when the judge questioned the motives behind the litigation. This moment not only shed light on the potential misuse of Public Interest Litigations (PILs)....
Read MoreIntroduction The recent Central Bureau of Investigation (CBI) raids on former Chhattisgarh Chief Minister Bhupesh Baghel and others in connection with the Mahadev online betting app case have reignited the debate over the legal status of online gambling in India. With allegations of a massive ₹6,000 crore scam, the case highlights the growing concerns regarding online betting platforms, regulatory loopholes, and the need for stronger legal frameworks. Background of the Mahadev Betting App Case The Mahadev online betting app is....
Read MoreSection 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.....
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