Taking a look at Indian property and real estate laws and ordinances. Family law in India and Property law in India are some of the oldest part of Indian Legal System. Read here about latest development in family & property law in. Property law in India for daughters. The property laws for daughters and sons were different until the Hindu Succession Act, , but were amended in Earlier, the sons had complete power over the father's property. Daughters enjoyed the property right only till they got married.
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She also has the complete right to the personal property upon attaining majority. How is rent payable?
Rent is payable in Rupees per sq. What are the typical periods of a lease, security deposit payable, lock-in period and percentage of rent increase?
The tenure is usually determined keeping in mind stamp law charges as there are States which charge stamp duty up to a 5 year lease term and then the stamp charges are enhanced or stamp duty is paid on property laws in india 3 year tenure before being enhanced and so on.
Property Law: Section 44 of the Transfer of Property Act, 1882
The security deposit is interest free and refundable and varies across cities, and the general practice in Tier I cities is to take 3 property laws in india 6 months of the monthly rent as a security deposit while in Tier II cities, it is 6 to 12 months of the monthly rent.
What is the general practice in relation to payment of service charges, operating cost, repairs and insurance in relation to lease agreements in Tier I and Tier II cities? The lessee is responsible to undertake minor internal repairs while major structural repairs and repairs to the common facilities such as elevators, property laws in india etc.
A lessee is generally not permitted to sub-lease or assign property laws in india in the property, without the prior approval of the lessor. A lessee can terminate a lease prior to its expiry in the event of a breach by the lessor of the lease terms.
Any property divided through a partition deed, family arrangement, etc. The Supreme Court in has given a judgment to property laws in india effect that any property which has been previously partitioned or which has been distributed in accordance with Section 8 of the Hindu Succession Act,on principles of intestacy ceases to be joint family property and no suit for partition can lie in respect to such property.
The transferee must act on the representation in good faith. The transfer should be done for a consideration. The transferor should subsequently acquire some interest in the property he had agreed to transfer.
The transferee may have the property laws in india to acquire the interest which the transferor subsequently acquires.
Property Law: Section 44 of the Transfer of Property Act,
Similar to joint tenancy, tenancy by property laws in india entirety provides the right of survivorship. To exist, tenancy by the entirety requires that the four unities of joint tenancy exist plus a fifth unity of marriage between the two co-owners.
However, even if all five unities exists, the type of co-ownership may still be joint tenancy if the conveying instrument indicates such. Unlike joint tenancy, tenancy by the entirety does not allow one spouse to convey his interest to a third party. A tenancy by the entirety may only be terminated by divorce, property laws in india, or mutual agreement by both spouses.
A terminated tenancy by the entirety becomes a tenancy in common.
In Konchunju Nair v. Koshy Alexander it was held that if a co-owner wants to erect a dwelling house on the land he is free to do so. If division of co-ownership of property takes place, the co-owner can claim, that, the said property be allotted to his share.
The Property laws in india would ordinarily grant such an equitable right. Section 7 of the Transfer of Property Act, property laws in india that every person competent to contract i.
Property law in India for daughters - Property lawyers in India
Therefore even the interest of a co-owner or co-sharer can be sold, mortgaged, leased to another co-sharer or to a stranger. The fact that the partition has not taken place by metes and boundsdoes not property laws in india in the way of the interest of a co-owner. According to the law prevailing in some areas, a coparcener of a Hindu Joint Family can alienate his share in the Joint Family Property for consideration.
Such a coparcener is a legally competent person. But in some cases of Mitakshara coparcenary, the consent of other coparceners is required before any such transfer.
Also, where one co-owner is in exclusive possession of a plot of a joint land and lets it out to a tenant without the consent of other co-sharer landlords, property laws in india a tenancy will not bind the latter.
The lease in such a case will only be confined to the interest and share of the lessor.