The right to property is an incentive for man to work hard. The rights should guarantee to meet the demands of natural justice by giving reward to man’s labor and should also promote economic growth.
The concept of lis pendens is explained under section 52 of transfer of property act 1882. Lis pendens literary meaning is a pending suit and doctrine of lis pendens has been defined as the jurisdiction, power or control, which a court acquires over the property, involved in a suit pending.
The doctrine of lis pendens is based on two theories: (i) Theory of notice and (ii)Theory of necessity
I. Theory of notice: according to some of the authorities the pendency notice should operate as notice to the whole world. The person dealing with the property is presumably to have notice of the pendency and must have acted in bad faith. Therefore he is bound by the judgment delivered.
II. Theory of necessity: It bases the doctrine as matter of public policy and preventing the parties to the dispute from disposing of the property in question and interfering with court’s decree.
The doctrine of lis pendens is based on equity, good conscience and justice. The essential ingredients of the section are:
• The pendency of any suit or proceeding
• The court must have jurisdiction over the person or the property
• The property must be specifically described and be necessarily affected by the termination of the suit or proceeding.
• The right to immovable property must be directly and specifically in question in any suit or proceeding.
• There transfer must be of immovable property and done without the authority of the court.
OBJECT AND SCOPE OF THE SECTION
The principle of lis pendens being a principle of public policy, no question of ...
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...he bona fide purchasers who do not possess any knowledge of the litigation and purchase the property. This makes them bound by the suit, which is inequitable. The ends of justice cannot be met by allowing the innocent to suffer. The reforms proposed will serve better purpose in meeting the needs of the all the parties and society.
The only problem that remains is the date of operation of the document, whether it is to be operative from the date of registration or the date of execution after the document is registered. The document should be operated for the date of execution of the document after the registration because the suit of pendency cannot be nullified on the grounds of non- registration at the time of execution. Therefore the amendment to the section 52 of the property law and section 18 of the Indian registration act is required at the current movement.
Compensation must be provided to the person whose property is being bought. Each country should work to set a standard for what is a fair market price, to prevent any people from inadequate compensation. The value of the property must be taken into account, and the effect this will have on their way of life. If a person is, for example, losing their home, the government must provide enough money to ensure that individual is able to relocate comfortably.
(i) only the periods the property was held by the person relinquishing the property (or any related person) shall be taken into account under subparagraph (B)(i), and
...o the purchaser of unregistered land should the disposition be ultra vires, assuming that there is no actual notice of such then overreaching can take place. This has now evolved into their being no requirement for absence of notice. In addition Section 70 (1) (g) of the LRA 1925 protected as an overriding interest the property rights of those in actual occupation of the land as described by Lord Denning MR:
Property rights can be found in the oldest laws written, and equate the expectation of use or profit to some payment from the very beginning. Modern property rights can be said to begin with the transition from ownership by entities as being the primary form of property right, to the theory that property rights are to promote th... ... middle of paper ... ... operty’ in the case of Goldberg v. Kelly to be protected. This shows the state evolving in order to protect the citizen’s rights.
There is uncertainty surrounding the law in regards to the ownership of property and proprietary estoppel. This paper will deal with these issues by analysing two cases that involve these questions. It will first address Jack’s case and whether the two objects in question are chattels or fixtures; then, it will examine a Laurence’s case and whether he can rely on proprietary estoppel or not. By dealing with the two cases, this paper will clarify questions of what constitutes a chattel or fixture, and in what situations proprietary estoppel may apply.
Do owners of real, intellectual, and personal property each has the same rights under the law? List how each type of property is treated under the law.
...aw in the US and Australia where the doctrine can be used to found a cause of action to remedy the non-performance of a promise unsupported by consideration. In the UK however, it is a means where contractual rights may be suspended, but not by which new rights can be formed. In the US, where the doctrine can be used as a cause of action and has been used in multiple cases, commentators have claimed that the doctrine is a ‘flexible means of achieving fairness’ and ‘cannot be reduced to a precise formula or series of tests’ .
Although, people should have a right to accumulate their own wealth and hold onto it, we can see that focusing on the process view can ultimately lead to an end result that is unjust for the society as a whole. Nozick maximizes individual liberties, but he excludes the restrictive liberties that Rawls’s second principle describes. Under Nozick’s theory, those who are least advantaged do not get a fair shot in society. Furthermore, Rawls proves that sacrificing certain individual liberties is morally justified if it creates an end-result that is just.
John Stuart Mill discusses the concept of liberty in many ways. I’d like to focus on his ideas of the harm principle and touch a little on his thoughts about the freedom of action. The harm principle and freedom of action are just two subtopics of Mill’s extensive thoughts on the concept of liberty. Not only do I plan to discuss and explain each of these parts of the conception of liberty, but I also plan to discuss my thoughts and feelings. I have a few disagreements with Mill on the harm principle; they will be stated and explained.
...rence Etherton). The evidentiary requirements for the two concepts are different and it can be said that the constructive trust is more difficult to prove. Furthermore, depending on the facts of the case coupled with statutory provisions, either of the doctrine may prove to be more relevant in order to achieve the general aim that was identified at the beginning of the essay, which is the recognition of real property rights informally created .
The purpose of enacting The Land Registration Act 2002, was to combat the uncertainties evolved around the previous Act, Land Registration Act 1925 . The need for reforms was highlighted in a report by Law Commission known as Land Registration for the 21st Century: a Conveyancing Revolution . LRA 2002 repealed LRA 1925, not only simplify the law by maintaining an accurate record of all the rights and alongside interests held by others that affect the land, but also to give certainty the basic concepts engrossed by the 1925 Act as it can be very clearly evident that 2002 Act revolves around the original and principle ideas with amendments.
The Constitution of the United States, grants each citizen with personal property rights under the 4th Amendment. Our courts systems have upheld these rights time and time again when persons or organizations have tried to usurp these rights away from different groups and individuals. The same systems that have given, and upheld our individual rights seek to balance that with the rights of society and the rights of the group. Traditionaly court cases have followed a common sense approach, and have succeeded in balancing the rights of individuals with that of the group. Our court systems use strict scrutiny and procedures that maximize fairness among all groups and individuals. That is after all our societies goal, is to allow maximum personal
The Land Registration Act 1925 introduced the structure of the registered land, it has now been replaced the Land Registration Act 2002. It became very important to update the Land Registration Act 1925 as the Law commissions report made many recommendations as some of the laws w...
It also arises when an owner ignores the rights of another person with an interest in that same property. Proprietary estoppel is a legal principle which prevents someone, who has led another to believe in a particular state of affairs, from illegally going back on the words which led to their belief. It arose in the case of Dillwyn v Llewelyn (1862), where a son spent £14,000 on building a house on the land with his father approval and promise that he would be in charge of that land but later found out that his father did not leave the property to him in his will. Lord Westbury held that the freehold in the land had been transferred to the son. However, four elements must be proved in order to claim for proprietary estoppel, which are : a) An assurance, b) Reliance on that assurance, c) Detriment, d) Unconscionability.
...shness, succeed in establishing a social contract to defend their property rights.” So it is claimed that the social contract ‘we theoretically signed’ is created out of self interest from the wealthy people. The most disturbing part is in fact that the poor had to give up the only thing that belonged to them.