Posts in the Property Category at Advocateji, New Delhi

What are consequences of non-registration due to any reason   Consequences of non-registration of lease The failure to register a Deed of Lease has the following consequences:- it does not …Read the Rest

BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988  Benami Transactions Prohibition Act 1988: INTRODUCTIONBenami purchases are purchases in false name of another person, who does not pay the consideration but merely lends his name, …Read the Rest

Section 100. — Charges Charges under the Transfer of Property Act 1882: Where immovable property of one person is by act of parties or operation of law made security for …Read the Rest

Stamp Duty on the leave and licence agreement: Before amendment in the Bombay Stamp Act,1958 the stamp duty payable on a Leave & Licence Agreement was Rs.20/- as per Article …Read the Rest

Reverse mortgage scheme extended till life of borrower: With an aim to make the reverse mortgage facility more attractive for senior citizens, the government has extended period of the scheme from …Read the Rest

How many properties can be gifted in one gift deed: A has two immoveable properties; one in Bombay which is mortgaged in favour of a third party for securing repayment …Read the Rest

What is the ”Rule Against Perpetuity” Rule Against Perpetuity: The rule against perpetuity, simply, means that all devices shall be void which tend to create a perpetuity or place property, …Read the Rest

Termination of lease agreement If the lease is for a certain specific period, can the lease be terminated before the end of the period of lease? When lease can be …Read the Rest

DDA plan to build 5 sub cities like Dwarka Advertisement In a few years, Delhi is expected to get five new sub-cities on the lines of Dwarka and Rohini, thanks …Read the Rest

Statutory provisions for making a lease What could be the various subjects of a lease? Any immovable property can be the subject matter of a lease. e.g. a furnished dwelling …Read the Rest

Car Parking is Dwarka residents nightmare at Delhi: Sub-city neither has good public transport system nor enough parking space outside markets. People are forced to park vehicles on main roads and …Read the Rest

What is meant by lease its parties or sale or consideration and lessor Lease its parties and consideration: It is a type of transfer of an interest in immovable property. …Read the Rest

What if one has vested interest or contingent interest What is the meaning of vested interest? What is the difference between vested and contingent interest? Section19 of the Act provides …Read the Rest

Transfer of Property takes place under section 8   Transfer of Property takes place under section 8 As a general rule, whenever a person transfers his property to another person, all …Read the Rest

What is gift in Property Act and what is the concept of gift Please explain the concept of “gift”. “Gift”, unlike all other alienations, is the only mode of voluntary …Read the Rest

Is transfer of property during pending litigation Valid (Lis Pendens)   Transfer of property during pending litigation What is the meaning of ”Lis Pendens”? Is the transfer of property valid, …Read the Rest

Is the owner himself bound to produce any documents? Yes. A person, representing himself as the owner, has to show the intending purchaser the document under which he claims ownership …Read the Rest

Sale Purchase of immovable Property made simple: CHAPTER III of the Transfer of Property Act, 1882 specifies on Sale of immovable property or purchase of immovable property. however this has …Read the Rest

Pattern of stamp duty on mortgage transactions: In India, the legislatures of the various States comprised therein are empowered to enact laws for the rates of stamp duty in respect …Read the Rest

Person holding “WILL” not entitled to sell property: Can a person holding will in his favour sell property of person giving will A person verily believes that he has been …Read the Rest

Difference between lease and licence agreement: A cardinal distinction between a lease and a licence is that in a lease, there is a transfer of interest in the leased property whereas, …Read the Rest

Advantages and disadvantages of Will This Old saying is correct when we talk about it in terms of Willingness, but in terms of Legal World, the way these days seem …Read the Rest

Can the lessee transfer his interest i.e. leasehold interest to a third party? Yes. Lessee can transfer his interest to a third party: The lessee may transfer his interest in …Read the Rest

Does partial transfer to a class fails to all members of class If a transfer is made in favour of a class, and such transfer becomes ineffective in favour of …Read the Rest

Is a mortgage document required to be registered? A Mortgage by deposit of title deeds does not require any writing. There are three requisites of the mortgage by deposit of …Read the Rest

Transfer of property to unborn child According to section 13 of the Act, a transfer of property to unborn child is void, unless all the interest is given to such …Read the Rest

Can terms direct to accummulate income of property OR Can the terms of transfer direct that income, arising from the property, should be accumulated? The terms of transfer can direct …Read the Rest

Please explain what is meant by “foreclosure” in the context of Mortgage? Foreclosure in the context of Mortgage:  It is one of the most valuable remedy/rights conferred upon the Mortgagee, …Read the Rest

Land lord and Tenant dispute over property:  To settle the dispute with the Tenant by the Landlord for possession of the property is very easy, provided the land lord takes …Read the Rest

Stamp Duty for gift of property or item There are certain instruments, which although a gift of property, can be called “settlement”. The Bombay Stamp Act, applicable to the whole …Read the Rest