Possession Notice From the Bank to the Borrower If you have taken a loan against a property and used it as collateral but failed to repay it, you may receive a Possession Notice under the SARFAESI Act. This law applies to all types of secured loans, including business loans, overdrafts/cash credits, term loans, and other […]
Legal Remedies Against Possession Notice Issued Against Property – SARFAESI Act Read More »
Imagine investing your lifetime savings, carefully accumulated through decades of dedicated work, into buying a dream home—only to discover later that it is entangled in hidden financial complications, risking everything you built. This scenario isn’t just a hypothetical cautionary tale; it’s an unfortunate reality for numerous unsuspecting buyers, as highlighted by a recent troubling case.
Legal Risks of Unregistered Mortgages Vs. Legitimate Buyer Read More »
Entering into a developer agreement is a crucial step for any housing society planning redevelopment or new construction. A well-structured agreement not only safeguards the society’s interests but also ensures smooth execution, transparency, and compliance with legal norms. Without a robust contract, societies may encounter delays, financial losses, and legal disputes, leading to prolonged uncertainty
Avoid Legal Issues in Building Redevelopment Agreement Read More »
Imagine the unsettling scenario: After months of searching, you finally discover the perfect property. You meticulously scrutinize all the essential documents – the original title deeds, the local land revenue record (Patta in Tamil Nadu), and the all-important Encumbrance Certificate (EC), which clearly reveals any registered charges or encumbrances on the property. Feeling confident in
Safeguarding Your Home: Hidden Legal Issues in Property Purchases Read More »
Introduction The division of a dwelling house within a Hindu joint family has historically been a contentious issue, governed by provisions of the Hindu Succession Act and further clarified through judicial pronouncements. The family dwelling house, which holds significant emotional and cultural value, has often been the subject of disputes over rights and ownership. Historically,
Division of a Dwelling House Under Hindu Succession Law Read More »
Introduction Property disputes and their resolution within Hindu joint families often involve unique and complex scenarios. Among these, the reacquisition of property lost due to debts or other reasons stands out as a significant issue. This article delves into the legal principles governing such reacquisition of lost family property, the impact on the property’s status,
Reacquisition of Lost Family Property and Its Legal Implications Read More »
Introduction Hindu law has long recognized the pivotal role of the karta, or the head of the joint family, in managing and dividing family property. The concept of patria potestas and Partition in Hindu Law grants the karta significant authority to ensure harmony and equitable resolution of disputes within the family. This authority extends to
Patria Potestas and Partition in Hindu Law: Authority, Rights, and Legal Evolution Read More »
Partition in Hindu law has historically been recognized as a flexible mechanism to divide family assets while maintaining harmony within the family. With the introduction of the 2005 amendment to the Hindu Succession Act, the legal landscape regarding oral partition became more complex, raising questions about its validity in modern jurisprudence. Let’s delve into the
Validity of Oral Partition and Family Arrangements in Hindu Law Read More »
Introduction Hindu law incorporates several nuanced concepts to ensure fair distribution of property and protect the interests of all members in a joint family. These include the principles of notional partition, which calculates and freezes the share of a deceased coparcener, and the rights of minor coparceners to challenge unequal or fraudulent partitions. Additionally, mechanisms
Notional Partition and Minor Coparceners’ Rights in Hindu Law Read More »
Introduction Partition suits often involve complex legal principles surrounding property division, management, and rights among co-owners. These property disputes not only require a deep understanding of statutory provisions but also demand a nuanced approach to address practical challenges faced by plaintiffs and defendants. This document delves into Understanding Partition Suits such as the distinction between
Understanding Partition Suits: Accounting, Mesne Profits, and Defenses Read More »
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