Law & Life

🏞️ The Doctrine of Easement: Creation, Enjoyment, and Extinguishment of Proprietary Rights I. Introduction: Defining the Easement and its Conceptual Basis The law of  Easement  governs specific, limited rights that a person has over the immovable property of another, usually for the beneficial enjoyment of their own adjacent property.  It is a fundamental concept in  Property Law , creating a permanent proprietary interest that runs with the land, rather than being a merely personal right. A. Statutory Definition In India, the law of easements is primarily governed by  The Indian Easements Act, 1882 . Section 4 of the Act  defines an easement as: "...a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own." B. Essential Terminology Understandin...

Mortgage and specify the different kinds of mortgages 1. Definition and Essentials of a Mortgage (Section 58(a)) A  Mortgage  is a specialized form of property transfer created to secure the repayment of a debt.   It is distinct from a sale because it involves the transfer of only a  limited interest  in the property, not the absolute ownership, and the mortgagor retains the  Right to Redeem  the property upon repayment. A. Statutory Definition Section 58(a) of the TPA  defines a mortgage as: " The  transfer of an interest  in  specific immoveable 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 the performance of an engagement which may give rise to a pecuniary liability." B. Essential Elements Transfer of an Interest:  A mortgage does not transfer the full title of the property; it transfers only an interest (a partial right) ...

The rights and duties of the seller and the buyer in a sale of immovable property are comprehensively detailed under  Section 55 of the Transfer of Property Act, 1882 (TPA) . These duties, unless negated by a contract to the contrary, apply automatically and govern the conduct of both parties before and after the completion of the sale. 1. Statutory Framework Section 55  is based on the principles of  justice, equity, and good conscience  and ensures that both parties adhere to a minimum standard of fairness and transparency during the sale process. The rights and liabilities of the seller and buyer are classified into two stages: Before Completion of Sale (Pre-Conveyance):  Duties related to inspection, due diligence, and preparation of the sale deed. After Completion of Sale (Post-Conveyance):  Duties related to the transfer of possession, payment of outgoings, and guaranteeing title. 2. Duties and Liabilities of the Seller The seller's primary duties foc...

💰 The Doctrine of Accumulation: Restrictions on Enjoyment under Section 17 TPA, 1882 I. Introduction: The Policy Against Wealth Immobilization The  Doctrine of Accumulation  is an essential principle of property jurisprudence aimed at balancing the proprietary rights of the transferor (the power to dispose) with the overriding public interest in the  free and active circulation of wealth . A property owner should not be allowed to control the beneficial use of that property's income indefinitely into the future, thereby denying succeeding generations the right to enjoy the profits. Accumulation  refers to a direction in a transfer instrument (a deed, will, or trust) that the profits, rents, or income generated from the property must be saved, retained, or reinvested as capital, rather than being immediately distributed to the person who has the present interest in the property. In India, the rule against accumulation is codified in  Section 17 of the Transfer o...