Understanding the Benami Law in India: Frequently Asked Questions

In the last few months, we have seen a major crackdown on Benami properties and their owners by the Government. Specialised Anti-Benami units have been set up by the Income … Continue reading Understanding the Benami Law in India: Frequently Asked Questions

Delhi High Court on the law of irrevocable power of attorney(s) and ‘agency coupled with interest’ in the context of GPA/Agreement to Sell transactions.

Case Note on : Vimla Devi v. Pushpa Devi and Anr- 2017 SCC OnLine Del 8694 In this case, Hon’ble High Court of Delhi had the occasion of examining the above question. … Continue reading Delhi High Court on the law of irrevocable power of attorney(s) and ‘agency coupled with interest’ in the context of GPA/Agreement to Sell transactions.

Stamping of insufficiently stamped documents and procedure of impounding by Court

Stamping of agreements/deeds is governed by the Indian Stamp Act, 1899 (“the Stamp Act”). If the document is not sufficiently stamped, then by virtue of Section 35 of the Stamp … Continue reading Stamping of insufficiently stamped documents and procedure of impounding by Court

Demystifying law of liquidated damages under Indian Contract Act

Law of Liquidated Damages and Penalty (S.74 of the Indian Contract Act)  When the contract mentions a ‘specific amount’  to be paid as compensation in case of breach :  Whether … Continue reading Demystifying law of liquidated damages under Indian Contract Act

Property Tip for landlords having property in India

In what comes as a huge respite to landlords (especially NRIs holding property in India) the Supreme Court has in a decision come down heavily upon servants/agents/caretakers/tenants/licensee’s of owners – who try to usurp … Continue reading Property Tip for landlords having property in India

Supreme Court on the Basics of Law of Partition

Comment : In this case the court was faced with a query “whether there is a period of limitation for filing an application for passing of final decree (metes and … Continue reading Supreme Court on the Basics of Law of Partition

Amendment of Plaint to prevent partial partition – application by defendant ?

The question raised in this civil revision petition is as to whether under Order VI, Rule 17 of the Civil Procedure Code, amendment of the plaint in a partition suit … Continue reading Amendment of Plaint to prevent partial partition – application by defendant ?

Burden of Proving good faith of transactions hit by undue influence

Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul … vs Pratima Maity And Ors. on 9 September, 2003 Equivalent citations: AIR 2003 SC 4351, 2004 (1) JCR … Continue reading Burden of Proving good faith of transactions hit by undue influence

Presumption as to Joint Family Property – continuing Joint and not seperate

In This case – the court held two very fundamental principles which are of seminal importance in partition cases  –  i) if joint family’s existence is shown – some property/nucleas … Continue reading Presumption as to Joint Family Property – continuing Joint and not seperate

Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sell. defendant pleaded that the same was voidable on the ground of fraud … Continue reading Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

Specific Performance of an Agreement executed by Vendor alone

Supreme Court of India Alka Bose vs Parmatma Devi & Ors. on 17 December, 2008 Author: P Sathasivam Bench: R.V. Raveendran, P. Sathasivam SUPREME COURT OF INDIA RECORD OF PROCEEDINGS … Continue reading Specific Performance of an Agreement executed by Vendor alone