Adv. Puneet Thakur and Associates
Property Matters: An Overview
Property law governs ownership, transfer, and disputes related to immovable and movable property. It encompasses a wide range of issues, including sale, lease, mortgage, partition, and title disputes. Resolving property matters often involves invoking provisions of the Transfer of Property Act, 1882, Indian Registration Act, 1908, and the Civil Procedure Code, 1908 (CPC) for procedural aspects.
Key Legal Concepts in Property Disputes
Stay Order
A stay order is a court directive to temporarily halt an action or process, such as construction, transfer, or sale of property, until further orders. It ensures that the subject matter remains unchanged during litigation.
Mandatory Injunction
Unlike a prohibitory injunction, which prevents an action, a mandatory injunction compels a party to perform a specific act, such as removing illegal encroachments or restoring possession. It is governed by Section 39 of the Specific Relief Act, 1963.
Res Sub Judice
• Meaning: A suit cannot proceed if the same matter is already pending in a competent court.
• Provision: Section 10 of the CPC.
• Purpose: To avoid conflicting judgments and duplication of litigation.
Partition Suit
A legal action to divide jointly held property among co-owners or heirs, ensuring fair distribution.
Interim Injunction
An interim injunction restrains a party from performing specific acts (like selling or altering property) during the pendency of the case. It is granted under Order XXXIX Rules 1 and 2 of the CPC to prevent irreparable harm or maintain the status quo.
Res Judicata
• Meaning: A matter once finally decided by a competent court cannot be reopened in subsequent litigation between the same parties.
• Provision: Section 11 of the CPC.
• Purpose: To prevent multiple suits on the same cause of action, ensuring judicial efficiency.
Doctrine of Lis Pendens
• Meaning: Any transfer of property during the pendency of litigation concerning that property is not valid against the final judgment of the court.
• Provision: Section 52 of the Transfer of Property Act, 1882.
Adverse Possession
• Meaning: A person who possesses property openly, continuously, and without the owner’s consent for a specific period (12 years for private property) can claim ownership.
• Provision: Governed by the Limitation Act, 1963.
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Substantive Law• Substantive criminal law defines various offenses and prescribes punishments for each crime. • The primary legislation is the Bharatiya Nyay Sanhita (BNSS), 2023, which has replaced the Indian Penal Code (IPC). The BNSS categorizes crimes into various offenses such as: • Offenses against the State: Treason, sedition, etc. • Offenses against the Human Body: Murder, assault, kidnapping, etc. • Offenses against Property: Theft, robbery, criminal trespass, etc. • Offenses against Women: Rape, dowry harassment, domestic violence, etc. • Economic Offenses: Fraud, forgery, counterfeiting, etc.
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Procedural Law• Procedural law lays down the rules and processes for investigating crimes, filing cases, conducting trials, and executing sentences. • Key procedural laws in India include: • Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC). • Bharatiya Sakshya Adhiniyam (BSA), 2023, which replaced the Indian Evidence Act, 1872, and governs the admissibility and evaluation of evidence.
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Punishments Under BNSS• Imprisonment (simple or rigorous). • Fines. • Forfeiture of property. • Death penalty (in rarest of rare cases).
