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Consumer Law Property Law

What to do if Property Document Gets Destroyed in a Fire

Introduction: Summary of property documents lost or destroyed: Property documents can get destroyed by different natural calamities and human activities among them fire destruction is the worst. These losses include sensitive personal documents or other documents like the documents of properties or assets. There are different procedures to get back the property documents which are […]

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Property Law

Do Co-Operative Housing Societies Come Under Right to Information Act (RTI) in West Bengal?

Meaning of RTI: The full form of RTI is Right to Information. Right to Information means that any citizen of India can get or request for information from the departments of state and central government and also from officers and receive such information. The RTI Act has mandated a time period for which specific information […]

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Consumer Law Property Law

What is the legal Formality to be Carried Out After a Person is Dead in India

Introduction: Life and death are both like two sides of a coin. One who has got life will die one day and this is the rule of the earth. There are various legal formalities to be carried out after the death of an individual or person. The legal heir or legal representative must carry out […]

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Property Law

Modes of Attachment of Property in India

Introduction: The judgement-debtor holding the property over which he has the right to get profits and has disposing power which he may use for his benefit is liable to attachment and sale in execution of a decree. The properties which are liable to attachment are lands, houses and other buildings, money, goods, banknotes, promissory notes, […]

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Criminal Law Property Law

Can a Police Officer Seize any Property in the Course of an Investigation

Introduction: The Code of Criminal Procedure, 1973 provides section 102 as follows: Power of police officer to seize some property: “(1)  Any police officer who is competent to seize under the Act can seize any property which may be suspected or alleged to have stolen or found under circumstances which create suspicion of the commission […]

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Property Law

How Delivery of Property Takes Place in India

Introduction: The act of delivering or transferring a deed or yielding possession or control of something to another is known as delivery. The act of delivery may be in the form of words or acts and delivery can be conditional or absolute. Delivery: Different ways in which property can be delivered under the Transfer of […]

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Property Law

Differences Between Power of Attorney and Will in India

Introduction: Definition of Power of Attorney: Power of attorney is defined under section 1A of the Powers of Attorney Act,1882.—In this Act, “Power-of-Attorney” includes any instruments empowering a specified person to act for and in the name of the person executing it.” The power of attorney gives a vast concept under the Powers of Attorney […]

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Property Law

When Can a Gift Deed be Canceled in India and What is The Procedure

Introduction: There are many ways to transfer property from the owner (donor) to the donee such as by gift, will or sell. The common process to transfer the property to the family members is by way of the gift deed. Meaning of Gift Deed: Gift Deed is a legal document that defines the transfer of […]

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Property Law

Procedure for Expulsion of a member and their Rights in a Co-operative Housing Society in West Bengal

Introduction: There are different procedures to expel a member from the Co-operative Housing Society in West Bengal and the members also have some rights to defend themselves when they are expelled by the authority. There are few Rules and Provisions given below which provides for expulsion of a member and their rights under West Bengal […]

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Property Law

Sale of Immovable Property by Non-Residents in India

Introduction: Sale of Immovable Property: Sale of immovable property is explained under the Transfer of Property Act 1882 as a transfer of ownership by any person for a price paid or promised or partly paid and partly promised. Essentials of Sale: a) There must be a seller and a buyer. And the seller and buyer […]

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Property Law

Can a Husband Claim Maintenance and Wife’s Property

Introduction: The Hindu Marriage Act,1955 provides benefit to a husband to claim maintenance from a wife. Laws and its provisions which benefit husband to claim maintenance from wife? Section 24 of the Hindu Marriage Act, 1955 provides for pendente lite and expenses of proceedings. Section 24 provides that if a husband or wife has no […]

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Property Law

What to do when the documents of the houses or land are lost in West Bengal

Introduction: The original sale documents, lease papers and titles are essential requirements during the registration of a property and no one can buy or sell real estate property without these legal documents in West Bengal. Sometimes people accidentally misplaced or lost their property-related documents. It is important to keep regular check the documents to ensure […]

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Property Law

How to Get Succession Certificate in India

Introduction: Meaning of Succession Certificate:- A succession certificate is a legal document given by a civil court to the heirs of a deceased person certifying a person to be the successor of such deceased person. The certificate authorises the successor to deliver the debts and securities of the deceased person. The certificate is not given […]

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Property Law

Benami Transaction and its Legality in India

Introduction: Benami transaction:- Section 2(9) of the Abenaki Transactions (Prohibiton) Act of 1988 as amended by 2016 to be called the Prohibition of Benami Property Transactions Act, Benami transaction means a transaction or arrangement where one person buys a property in the name of another person which is termed as illegal under when the consideration […]

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Property Law

Lease and its Types in India

Introduction: In India, lease deed mentions that a person can enjoy another person’s property for a specified period. It also says that property may be tangible and intangible property and also movable and immovable property. Under the Transfer of Property Act,1882 lease is defined as:- “A lease of immovable property is a transfer of a […]

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Property Law

Rights of Hindu Women to Property in India

Introduction : Most of the time it is seen that women are discriminated in the field of property rights in India. The Hindu Succession Act was passed in the year 1956 which distinguish Hindu women’s property rights in comparison to Hindu male’s property rights. But another act was passed in the year 2005 which banned […]

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Property Law

Rights of a ‘Shebait’ in Property Dedicated to Deity

Introduction: Meaning of Shebait: A Shebait is any person who serves and supports the deity and works as a manager of the debuttar property. The properties like the temple or any other land or property which is vested with the deity are managed by the Shebait. Shebait is the only person who has the power […]