Category Archives: property

Claim for partition – Cause of action – son and daughter as coparceners – Hindu Succession Act

The question that arose for consideration is as to whether daughter being a co-parcener is a necessary party in a suit for partition of ancestral co-parcenary property. The reasons assigned by the court below in rejecting the petition is that the cause of action for filing the suit arose in the year 1999 when the defendants refused the claim of… Read More »

Reservation of the land lapsed and the reason assigned by the Competent Authority for rejecting the building plan was legally untenable

The reservation of the land had lapsed and the reason assigned by the Competent Authority for rejecting the building plan was legally untenable. [G.S. SINGHVI; H.L. GOKHALE, JJ.] Maharashtra Regional and Town Planning Act, 1966 – Sections 127, 126(2); Land Acquisition Act, 1894 – If any private land is shown as reserved in the Development… Read More »

What is Encumbrance ?

BEFORE PURCHASING PROPERTY OR ENTERING INTO LEASE AGREEMENT OR RENT AGREEMENT YOU SHOULD ENSURE THAT THERE ARE NO ENCUMBRANCES ON THE PROPERTY IN QUESTION! Encumbrance means a liability which burdens the property, for example, lease, mortgage, easement, restriction, covenant, rent charge etc. Encumbrances which can be carved out of ownership, generally are securities, leases, servitude’s,… Read More »

Documents to be obtained by a purchaser of flat from the promoter or builder before purchase

As Per Karnataka Ownership Flats [Rgn] Rules Rule 4 requires the Promoter or Developer To : Give True Copies of Documents of Title Pertaining to the Land on Which the Apartment Is Built. Certificate by Advocate As Per Sec [a]a of Sec 3 Certificate of Encumbrance The Approved Plans and Specification of the Building Built… Read More »