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Sale of Undivided Share in Property: Legal Rights and Limitations
Introduction The sale of undivided share in property is a complex aspect of property law in India. While co-owners can legally transfer their undivided interest in a property, ther
Supreme Court Clarifies: Section 47 CPC Applications on Property Rights to be Treated as Order 21 Rule 97 Applications
Introduction The Supreme Court’s landmark judgment in Periyammal v. Rajamani establishes that Section 47 CPC applications raising objections to decree execution on property r
Real Estate Regulation in India: The Real Estate Regulatory Authority (RERA)
Introduction The Real Estate Regulatory Authority (RERA) represents a watershed moment in India’s real estate sector. Established under the Real Estate (Regulation and Develo
Bombay High Court Upholds Right to Property in Customs Seizure Case
Introduction In a landmark ruling, the Bombay High Court has delivered a significant judgement affirming the constitutional right to property in a case involving the seizure and di
Navigating the Complexities of Muslim Inheritance Law in India: The Intersection of Sharia Principles, Indian Legal System, and Gender Equality
Introduction Muslim inheritance law in India is a unique confluence of religious doctrine, customary practices, and legal principles. Governed by Islamic law, or Sharia, Muslim inh
Supreme Court Judgement on Mesne Profit: Landlords Entitled to ‘Mesne Profit’ from Tenants Post-Tenancy Expiry
Introduction The Supreme Court of India has ruled that tenants who continue to occupy rented premises after their tenancy rights have been extinguished must compensate landlords in
Supreme Court on Specific Performance: Delayed Suit Filing Despite Limitation Period Can Affect Relief
Introduction In a significant ruling, the Supreme Court held that the grant of specific performance of a contract can be refused if the suit was not filed promptly after the breach
Usufructuary Mortgage in India: Legal Framework, Rights, and Judicial Interpretation
Introduction Usufructuary mortgage represents a distinctive form of secured transaction in Indian property law, characterized by the transfer of possession and enjoyment rights fro
Stamp Duty under Gujarat Stamp Act: Conveyance vs Instrument
Abstract The Gujarat Stamp Act, 1958, constitutes a cornerstone of fiscal legislation governing property transactions within the state, establishing precise parameters for stamp du
Lease Termination under Section 106 of Transfer of Property Act, 1882: A Comprehensive Legal Analysis
Introduction The law governing lease termination in India represents one of the most intricate areas of property jurisprudence, where the rights of lessors and lessees intersect wi
