Manthan Legal Consulting Service

Introduction The  Transfer of Property Act, 1882  marked a significant milestone in the legal landscape of India by codifying the principles governing the transfer of property. Before this enactment, property transactions were regulated by a diverse mix of customary practices, local traditions, and personal laws that varied across regions and communities. This article explores the mechanisms, considerations, and legal frameworks that existed before 1882, providing a comprehensive understanding of property transfers in India during that era. Overview of Property Transfers in Pre-1882 India Before the enactment of codified laws, the transfer of property in India was predominantly shaped by: Customary Laws : These were unwritten norms that evolved over time within various communities and regions. Personal Laws : Property matters among Hindus, Muslims, and other religious groups were governed by their respective personal laws. Colonial Regula...

 Introduction Family disputes, given their deeply personal nature, often involve emotional, financial, and social complexities, making litigation a challenging avenue for resolution. In India, family law mediation has gained traction as an effective alternative to traditional litigation, emphasizing a less adversarial approach that encourages mutual agreement and cooperation. This article offers a detailed analysis of the role of mediation in Indian family law, examining its benefits, legal framework, key case laws, applications in various disputes (including domestic violence cases), and the challenges it faces within the judicial system. Mediation in Family Law Mediation is a structured dispute resolution process in which a neutral third party, known as a mediator, assists parties in reaching a voluntary agreement. Unlike litigation, where outcomes are determined by a judge, mediation enables the parties themselves to determine the outcome of their dispute, fostering a sense ...