Property Law

The Doctrine of Part Performance, enshrined in Section 53A of the Transfer of Property Act, 1882, is an equitable principle designed to protect transferees who act in good faith under a written contract for immovable property. It safeguards those who take possession or make improvements, despite the absence of a registered transfer deed, preventing transferors from treating them as trespassers. Rooted in English equity, the doctrine was formalized in India in 1929, requiring a signed written agreement and limiting its use to defending possession, not claiming title. Landmark cases like Nathu Lal v. Phool Chand (1970) highlight its role in ensuring fairness, though it remains a "shield, not a sword," offering no right to initiate legal action.

The doctrine of lis pendens, enshrined in Section 52 of the Transfer of Property Act, 1882, operates as a safeguard to preserve the subject matter of litigation during the pendency of a suit. It ensures that no party can alienate or transfer the disputed property in a manner that prejudices the rights of other parties involved. By rendering such transfers subject to the final outcome of the litigation, the doctrine upholds the sanctity of judicial proceedings and prevents litigants from undermining court decisions through strategic property dealings. Its application, however, demands that the suit be genuine, directly concern the property's rights, and be pursued in a competent court, striking a balance between protecting litigants and facilitating lawful transactions.

Renting a home in India might seem simple—find a place, pay the deposit, sign a rental agreement, and move in. But what many tenants don’t realize is that once they step into a rented house, they also step into a legal framework designed to protect their rights. From safeguarding you against sudden eviction to ensuring basic living conditions, Indian tenancy laws grant several protections that every renter should know. Whether you're new to renting or have been a tenant for years, understanding these rights can save you from unnecessary stress and potential exploitation. Let’s explore what the law says you’re truly entitled to as a tenant in India