Law of Property: Corporeal & Intellectual (Rights of Inheritance & Challenge, Claim of Possession by Third Party, Suits & Arbitration, Injunction, Execution) (In 2 Volumes)

The word property has not been defined in the Transfer of Property Act, 1882 (TPA) but has been used in its widest and most generic sense. Property is a legal term to denote every kind of interest or right which has an economic interest. "Property" means property of any kind, whether movable or immovable, tangible or intangible, and includes any right or interest in such property. Section 2(11) of the Sale of Good Act, 1930 defines property as: "Property" means the general property in goods, and not merely a special property.

Section 22 of Indian Penal Code, 1860 defines property as: The words "moveable property" is intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything, which is attached to the earth.

Intellectual property refers to any intellectual creation, such as literary works, artistic works, inventions, designs, symbols, names, images, computer code, etc. Intellectual property law exists in order to protect the creators and covers areas of copyright, trademark law, and patents. Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

In law, an injunction is an order by a court to one or more of the parties in a civil trial to refrain from doing, or less commonly to do, some specified act or acts (the former kind of injunction is called prohibitory or preventive, the latter mandatory).

Conversely, an injunction may also require an entity to take a certain action. The main intent behind injunction relief is to limit or prevent actions that could cause irreparable damage to another person or entity.

Person claiming for relief of injunction also established all three ingredients for the relief of injunctions, prima facie case, balance of convenience, and irreparable injury if the prayer is not granted. Thus, the plaintiff was rightly granted a permanent injunction against the defendant in relation to the said suit land or intellectual property.

The inheritance laws will only come into play when the IP right in question is a personal property. Courts in India have ruled that IP disputes amongst family members ought to be treated as a property dispute and all legal heirs to have equal rights to use the IP. Every litigation; involves a cause for initiation. The cause thus; giving rise to rights to agitate for a relief against the defendant. Property it is pertinent to note that is associated with successor rights by way of transfer by Will, Probate and no act must be prejudicial to the rights of a person inheriting the rights in property i.e. Corporeal or Intellectual. The book elucidates the scope of pleadings, and special emphasis has been laid upon the pleadings in Law of Property and where a relief is sought and the statute applicable is The Specific Relief Act, 1963 vis-a-vis Arbitration & Conciliation Act and Commercial Act inter-alia Code of Civil Procedure and where Presumption is an important aspect and notion to draw and come to conclusion. While deciding a suit, the Court draws presumptions on the basis of the pleadings, documents produced and the proof to that effect, which comes before the Court in evidence; which makes it easy for the Court to frame issues and analyze the subject dispute before the Court.

Hence it is imperative for every student of law, while they step into the profession and every Lawyer to understand the principles of property, successor rights, injunction, arbitration & conciliation inter-alia commercial courts, in suits seeking varied reliefs, presumptions that can be drawn by the Court, Proof and how to disprove. The book encompasses an easy understanding and covers all the important case laws delivered by the Hon'ble Supreme Court of India and High Courts.

The book shall be of great help to every new entrant stepping into the profession and have appearances before the Court fearlessly wielding the sword of case laws.