Property and Trust Law

A lien is the right to retain possession of goods belonging to another until a debt or claim is satisfied. Unlike ownership, lien only gives the right to retain possession, not to sell or destroy the goods. It's a possessory security interest available to unpaid sellers and bailees.

It is known as escheat. When government acquires the property of a person who does not have any legal successor or heir, it is escheat. Hence, acquiring the property of a person who does not have any legal successor is known as escheat.

Standing trees are considered unascertained goods until they are felled (cut down). Property in standing trees only passes to the buyer when the trees are both felled and ascertained (specifically identified and separated from the land). Until then, they remain part of the land.

The right of lien is fundamentally the right to retain possession of goods belonging to another until a debt or charge is paid. It is a possessory remedy - the seller keeps the goods they already have, rather than taking them back.

Right of lien is the right to retain possession of goods until a debt (usually price) is paid. It's a possessory security - you keep possession but don't own the goods. The unpaid seller has this right under Sale of Goods Act.

(3) General rule is that a suit for the recovery of property may be instituted in the court where the subject matter of the dispute situates.

(2) As per Section 2(12) of the CPC, “mesne profits” of property means those profits which the person in wrongful possession of such property actually received or might, with ordinary diligence, have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession.

(3) Any person having the possession or control of a particular article of movable property of which he is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession in any of the following cases: (a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff (b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed (c) when it would be extremely difficult to ascertain the actual damage caused by its loss (d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff

(4) Section 122 defines that "Gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person called the donor to another called the donor and accepted by or on behalf of the donee. Acceptance to the gift must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.

(4) Section 12 clearly states that nothing in this section applies to a condition in a lease for the benefit of the lessor or those claiming under him.

(4) Section 76 provides the statutory duties of a mortgagee in possession.

(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.

Property owned by a Hindu female is divisible into absolute and limited owner.

Guardian includes natural guardian, testamentary guardian, guardian appointed by will and de facto guardian appointed by court.

The act of giving personal property or money such as stocks, bonds, jewelry and cash left to an individual or organization through the provisions of a will or estate plan. Bequests can be made to family, friends, institutions or charities.