Can Cooperative Housing Societies Deny Membership to Apartment Owners? — A Constitutional and Legal Analysis
Can Cooperative Housing Societies Deny Membership to Apartment Owners? — A Constitutional and Legal Analysis Abstract It must be mentioned that there is an important regulatory role of cooperative housing societies in regulating the residential community in the urban environment of India. In particular, cooperative housing societies may regulate membership and discipline of the residents. […]
Can a Co-Owner Sell or Mortgage an Undivided Share Without Consent?
Can a Co-Owner Sell or Mortgage an Undivided Share Without Consent? A Study of Co-Ownership and Coparcenary Property Under Indian Law Abstract Whether a co-owner of jointly owned or ancestral property can sell or mortgage his or her undivided share without the consent of other co-owners remains a recurring source of litigation in Indian […]
Rights of Senior Citizens to Claim Maintenance from Grandchildren in India: Recent Legal Shifts A Comprehensive Legal Analysis of the Evolving Framework Under the MWPSC Act, HAMA, BNSS, and Supreme Court Jurisprudence
INTRODUCTION India’s elderly population is growing at an unprecedented rate, straining both family structures and the formal legal system designed to protect them. The joint family system—once the default mechanism for elder care—has fragmented. Grandchildren often reside in different cities or countries, complicating direct caregiving relationships. In this context, Indian law has emerged as the […]
Rent Liability When Leased Premises Become Uninhabitable: A Critical Analysis of Section 108(B)(e) of the Transfer of Property Act, 1882
Rent Liability When Leased Premises Become Uninhabitable: A Critical Analysis of Section 108(B)(e) of the Transfer of Property Act, 1882 By Suhani RoyChowdhury Abstract The obligation to pay rent forms the cornerstone of every lease relationship. However, circumstances occasionally arise where leased premises become wholly or substantially unusable due to structural collapse, natural disasters, fire, […]
NRI Selling Property in India: What are the key tax and legal requirements for a Non-Resident Indian t o sell property in India?
Abstract Non-Resident Indians (NRIs) make up one of the largest communities in India, and many of them still own homes or businesses there. These properties can have been acquired as investments, inherited from family members, or bought prior to relocating overseas. When an NRI chooses to sell real estate in India, the transaction entails more […]
Are Digital Wills Valid in India? Cloud Storage, Succession Law & Reform
Are Digital Wills Valid in India? Cloud Storage, Succession Law & Reform Analysing the Execution, Attestation, and Admissibility of Digital Testamentary Prachi Nayak Intern KEYWORDS: Digital will in India, electronic will, cloud storage, Section 63 of Indian Succession Act, testamentary succession, Bhartiya Sakshya Adhiniyam 2023, Information Technology Act, 2000, Digital nominee DPDP Act. Abstract and […]
Can a Parent Legally Disown Their Adult Child from Self-Acquired Property?
Can a Parent Legally Disown Their Adult Child from Self-Acquired Property? Abstract The increasing prevalence of newspaper notices wherein parents publicly “disown” their adult children has generated significant confusion regarding the legal consequences of such declarations. Many individuals assume that a mere public notice is sufficient to deprive a child of inheritance rights. However, the […]
Can Your Landlord Enter Your Rented Flat Without Permission? Know Your Legal Rights in India.
Introduction There is something quietly unsettling about the idea of coming home — your home, the place where you keep your private thoughts, your unmade bed, your half-read books — only to find that someone else has been inside it without your knowledge. For millions of tenants across India, this is not a hypothetical discomfort. […]
Is an Oral Partition of a Joint Family Property Legally Valid in India? Supreme Court Rulings, the Section 6 Proviso, and the Post-2005 Doctrinal Landscape
I. Setting the Scene: The Quiet Dissolution of Joint Families The oral partition of Hindu joint family property occupies an unusual place in Indian jurisprudence. It is simultaneously a settled legal principle and an active doctrinal fault line valid as a matter of classical Mitakshara customary law, yet insufficient, under the interpretation adopted by the […]
Can a Tenant Sub-Let a. Commercial Space Without the Landlord’s Consent?
Can a Tenant Sub-Let a Commercial Space 1Without the Landlord’s Consent?COMMERCIAL SUB-LETTING UNDER INDIAN LAW Part I Introduction Commercial sub-letting refers to an arrangement where a tenant, who has legally obtained possession of a commercial property through a lease agreement, transfers the right to occupy or use the whole or a part of that property […]