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Real Estate Help

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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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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Real Estate Help

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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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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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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Real Estate Help

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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Real Estate Help

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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Real Estate Help

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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Real Estate Help

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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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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What Happens to the Property of a Male Hindu Dying Intestate

INTRODUCTION PROPERTY OF MALE HINDU DYING INTESTATE The Hindu Succession Act,1956 lays down the provisions for the property of a Hindu male dying intestate. The Act says that the property of a Hindu male dying intestate is first given to the heirs of class I and if there are no heirs of class I then […]

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Rights of Mortgagor and Mortgagee in India

INTRODUCTION: Definition of the term Mortgage: According to the Section 58(a) of the Transfer of Property Act 1882 “A mortgage is the transfer of interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt or performance of […]

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Legal Article

Who are Witnesses and What are Their Rights in India

Introduction: Meaning of Witness in general sense (definition):- Any individual who is present and understands or sees something. An individual or person who testifies in a court. An individual or person who presents or provides evidence. Meaning of Witness:- In a legal sense, a witness is a person who has knowledge about the relevant case […]

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Legal Article

Data Theft and Data Protection Precautions in India

At the outset, it is stated that under the Indian Law, “ Data Theft” is a misnomer. Under the Indian Law, there is no offence of “Data Theft” i.e. theft of Data. Section 378 of the Indian Penal Code, 1860 defines Theft as follows:- “ Theft – Whoever, intending to take dishonestly any movable property out of […]