Enforcing ‘specific performance’ means forcing actual performance of an obligation by a party bound to fulfill it. Basically the process of the law is used to force a party to fulfill its promise. For example, if someone promises to sell you their house for a price by a particular date, but fails to fulfill such…
Judgement on Admission is a powerful proposition of law and is encapsulated in Order 12 Rule 6 of the Code of Civil Procedure (“CPC”). To put this proposition simply, if there is an admission of fact, by either party, verbality or in written form in any documents or in pleadings, and such admission is unequivocal,…
Ever been asked to give a demand promissory note towards security? Have your rent cheques ever bounced? Ever understood their implications? Cheques and demand promissory notes are negotiable instruments and are covered by the Negotiable Instruments Act, 1881(the Act).
Lease deed can be created in perpetuity (an unspecified period of time). Such lease deeds can be created either by an express grant. It is therefore essential that lease deeds be carefully drafted so as to ensure that they stand determined after a stipulated time.
There are two types of succession, testamentary succession and intestate succession.
In the last column, we had examined the general principles governing the drafting of a lease. The different parts of an agreement including recitals and testatum were explained. In today’s article, we shall focus a little more on these two aspects.
The general principles governing the drafting of a lease are no different from drafting any other contract. Therefore, like any other contract, a lease, too, will have certain distinct portions, such as title of the agreement; place and date; introductory clause, which provides the description of the parties; recitals; testatum and testimonium. Lease additionally also…
We have, in the past, written about the obligations of lessor and lessee in regards to maintaining the leased property. But what are their obligations vis-a-vis the leased premises in the event of a vis major or force majeure?
In this article, we deal with the legal aspects of damage caused by the tenant to the leased premises and the remedies available to the landlord. Section 108(B)(o) of the Transfer of Property Act, 1882, casts a duty upon the lessee to use the leased premises the way a person of ordinary prudence would use…
Section 108A(c) of the Transfer of Property Act, provides the covenant quite enjoyment of leased property by the lessee, provided there is no contract to the contrary between the lessor and the lessee and the lessee has been performing all his obligations, including payment of rent. In other words, peace is an overriding prerogative of…
