Posts in the Property Category at AdvocateJi

When does the conditional transfer fail? Section 23 provides that, where on transfer of property, an interest therein is to accrue to a spectified person, if a specified uncertain event …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

Can evicted person recover expenses made in good faith:  If a transferee of immovable property under a defective title who, in good faith, believes that he has a good title makes …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

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

The Times of India in its news on 3rd Nov, 2013 reported “Woman to get more damages for DDA’s delay”. Delhi Development Authority once again found itself at the receiving …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

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

What is meant by the term mortgage It is a combination of two French words ”mort” i.e. dead and ”gage” i.e. pledge; meaning thereby “dead pledge”. Dead Pledge would mean, …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

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

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

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

Section 108. Rights and liabilities of lessor and lessee In the absence of a contract or local usage to the contrary, the lessor and the lessee of immovable property, as …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

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

Mortgagor can exercise his right to redeem A mortgagor”s right to redeem the mortgage is a statutory right. Sec. 60 of the Transfer of Property Act embodies this right; a …Read the Rest

Vasant Kunj DDA flats at D-6 not livable Built to accommodate foreign technicians during the 2010 Commonwealth Games, flats at Delhi Development Authority’s (DDA) Vasant Kunj D-6 were touted as …Read the Rest

Can the gift be ever suspended or revoked? Can the gift be revocable by the agreement of parties? A gift can be revoked or suspended, provided the following conditions are …Read the Rest

Exchange according to the Transfer of Property Act Section 118 of the Transfer of Property Act defines ”exchange” as follows: ”When two persons, mutually transfer the ownership of one thing …Read the Rest

Want remedy against Supertech for Car Parking Dear Sir, I had booked a flat in Eco- Village 1 in 11th January, 2011. At the time of initial booking form directly …Read the Rest

Transfer of Property as per Laws: The term “transfer of property” as defined by Sec 5 means an act by which a living person conveys property in present or in …Read the Rest

What is a significance of Actionable Claim: and what are the legal attributes thereof insofar as the law in India is concerned? As the expression “Actionable Claim” itself denotes, it is …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

What is meant by clog on redemption? A mortgage being a security for the debt, the right of redemption continues although the mortgagor fails to pay the debt at due …Read the Rest

Land grabbing reported in Maharashtra A letter by an aggrieved resident to authorities is being published here for the information of all concerned and also the NGOs, who so ever …Read the Rest

Additions Alterations allowed in DDA Flats The Ministry of Urban Development and Poverty Alleviation, Government of India has allowed certain addition(s)/alteration(s) in DDA flats. These are applicable to all flats …Read the Rest

The Delhi Apartment Ownership Act 1986 Preamble (Act No. 58 Of 1986) (December 23, 1986) An Act to provide for the ownership of an individual apartment in a multistoried building …Read the Rest

Increase in FAR by DDA is boon for every one  Delhi Development Authority’s demand to increase the floor area ratio (FAR) in the national capital. This increase—from 150% to 200%—is …Read the Rest

Govt Hospital in Dwarka approved 14 years ago asks BJP and it glare on Govt. for slow projects NO PROGRESS IN 750-BED DWARKA HOSPITAL WORK DRAWS OPPOSITION FLAK, HEALTH MINISTER …Read the Rest

Sub lease of property and stamp duty payable:  A lease may be granted by a person, who himself is a lessee. The second lease is called a sub-lease, under-lease or …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

Operation of transfer of property 8. Operation of transfer Operation of transfer of property: Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to …Read the Rest

Who has right to use roof top of multistory building gets several queries on the right to use roof top of multistory building. We also get a lot of …Read the Rest

What is fraudulent transfer? The principle of Section 53 is based on the rule of justice, equity and good conscience. The section enumerates fraudulent transfer. Every transfer of immovable property, …Read the Rest