Textbook on Equity, Trusts, Specific Relief, Easement and Property Law

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Description
Equity allows courts to use the discretion and apply principles of natural justice. In India, the common law doctrine of equity is used in Specific Relief Act and other related statutes. This book deals with law of Equity, law of Trusts and Specific Relief. At the same time the law relating to transfer of real property is also dealt with including sale, lease, mortgage, gift, etc. The major focus is on Transfer of Property Act, 1882 and the Registration Act, 1908. There is also extensive discussion relating to the law on Easements. The major transactions relating to real property in India occur in the form of sale, lease, mortgage, gift and other transfers. The book examines the law and different complications that come up during execution of such transfers. The laws are created either from legislations, or from customs, religious documents and usages. When the legislations relating to Trusts, Transfer of Property had been enacted in India, weight was given to customs, usages, traditions and personal law. The Indian Trusts Act, 1882 is a codification of Trusts Law, introduced for India in 1882. It represents a major expression of the thinking during that time of the basic principles of trust law in the world of common law. In India, Hindu and Muslim laws relating to marriage and divorce involve many forms of transfer of property of the spouses. There is direct relationship of specific relief, trusts, easements attached with personal laws. Marriage and divorce have many aftermirth like return of stridhan property, transfer of dower and many other transfers related to personal laws. Easements are related to customs, prescriptive rights. The customs are backed by personal laws.
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Table of Contents
Chapter 1 Equity
Chapter 2 Trusts
Chapter 3 Specific Relief in India
Chapter 4 Law of Easements
Chapter 5 Law on Transfer of Property in India
Chapter 6 Wills in India and Modes of Proof Under Indian Evidence Act, 1872
Chapter 7 Venugopal Chettier's Case - A Landmark Case in India Changing the Law of Inheritance
Chapter 8 Every State in India should Create a Real Estate Regulator
Chapter 9 DLF Case - A Landmark Case in Respect of Abuse of Dominance and Relevant Market in India
Chapter 10 Examination of Yardsticks to Determine Relevant Market in India and USA
ANNEXURES
Annexure 1 The Indian Trusts Act, 1882
Annexure 2 The Registration Act, 1908
Annexure 3 The Specific Relief Act, 1963
Annexure 4 The Transfer of Property Act, 1882
Bibliography
Subject Index
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Author Details
Dr. Souvik Chatterji, Ph D in Law, National Law University, Jodhpur LL M in International Economic Law, University of Warwick, UK
LL M in US Global Legal Studies, Case Western Reserve University, USA Head of the Department, Department of Juridical Sciences and
Associate Professor, JIS University, India.