Property Lawyers in Kolkata
If you are searching for property lawyers in Kolkata then you can search online to find out the property lawyers in Kolkata who are near to your place. Getting the right information and guidance for the property related matters or the property in issue, it is very important that you take advice from expert property lawyers in Kolkata. With the right guidance you can handle property matters with ease.
What are the Basic Principal of Property Law?
- Immovable property does not include standing timber, growing crops or grass as per Section 3 of the Act.
- Suresh Chand v. Kundan, 2001 – a portion of land with saplings in it was sold. The seller later argues that the objection was to sell land without trees, and asked for a type of compensation for the extra gain which the other party is getting. Court held that in absence of any express/implied intention in the agreement, it would be taken that the land along with saplings standing on the land which subsequently grown into trees were sold.
- At instances of conflict between Muslim Law & Transfer of Property Act, it is the Muslim Law which shall have prominence.
- Future properties cannot be transferred, for example, Spes Successionis is a void transfer
- Muniswamy v. K. Venkataswamy – on grounds of sound public policy, total restraint on the right of alienation in respect of immovable property which prevents free circulation is to be held void.
- Section 108 of the TRANSFER OF PROPERTY ACT, 1882 enumerates the rights & liabilities of lessor & lessee.
Laws applicable to Property related Matters?
- Transfer of Property Act, 1882
- Stamp Act, 1988
- Indian Contract Act, 1872
- Specific Relief Act, 1963 –Part II
- Registration Act, 1908
- Indian Easement Act, 1882
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (at instances of land acquisition)