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According to Section 6 of the Transfer of Property Act, the property of any kind may be transferred. The person insisting non-transferability must prove the existence of some law or custom which restricts the right of transfer. Unless there is some legal restriction preventing the transfer, the owner of the property may transfer it.
The preamble of the Act reads: An Act to provide for the prohibition of transfer of certain lands granted by the government, to persons belonging to the scheduled castes and scheduled tribes in the state, which means any land granted to the landless agricultural labourers belonging to scheduled castes and scheduled tribes, cannot be purchased.
Property law is characterised by a great deal of historical continuity and technical terminology. The basic distinction in common law systems is between real property (land) and personal property (chattels). Before the mid-19th century, the principles governing the transfer of real property and personal property on an intestacy were quite ...
The Transfer of Property Act, 1882 is the basic property law. However, some government agencies like RAJUK restrict property transfers in urban areas through foreign direct investment. The Vested Property Act allows the government to confiscate property from entities or individuals deemed as enemies of the state.
The principal Acts are the Law of Property Act 1925, the Land Registration Act 1925 (which was largely repealed and updated by the Land Registration Act 2002), the Land Charges Act 1925 (which was largely repealed and updated by the Land Charges Act 1972), the Settled Land Act 1925 and the Trustee Act 1925 (both of which were reformed by the ...
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Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property at the time he/she signs a contract binding him/her to purchase the land at a later date.
The origin of the first Law Commission of India lies in the diverse and often conflicting laws prevailing in the local regions and those administered by the East India Company, which was granted royal charters and also conferred powers by the various Indian rulers to administer and oversee the conduct of the inhabitants in the local areas where the company exercised control. [4]