A Property That Lies Fallow or Gets Waterlogged Seasonally Cannot Come Under the Definition of Paddy Land or Wetland

Posted inKerala Paddy and Wetland Act 2008No Comments
Merely because a property is lying fallow, it cannot be termed as wetland or paddy land in contemplation of the Kerala Conservation of Paddy Land and Wetland Act, 2008, observed the Kerala High Court in Mather Nagar Residents Association and Another v. District Collector, Ernakulam and Others [2020 (2) KLT 192].

Law Relating to Conversion of Paddy or Wetland in Kerala

Posted inKerala Paddy and Wetland Act 2008
The owner or the person in custody of any paddy land or wet land in Kerala shall not have any power to convert or reclaim such lands, since the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (2008 Act) on 12th August 2008 and the allied rules enacted in 2008. The removal of sand from wetland is also prohibited by the 2008 Act. However, there are two exceptions to this general rule. One is that the owner of the land can seek permission to convert paddy land and construct a residence, and the other is conversion of land for public purposes.

A Transfer of Property to Defeat Creditors Can Be Set Aside Terming it as Fraudulent

Posted inProperty & Succession
A transfer of property may be set aside terming it as fraudulent under Section 53 of the Transfer of Property Act, 1882 (“the Act”) if it was made with the intent to defeat, defraud or delay creditors. This applies in cases where the property transferor had any sustaining debt to be paid in instalments at the time of the transfer and he subsequently defaulted in payment, forcing the guarantor of the debt to make payment for borrower’s default. Then guarantor can seek setting aside of the property transfer and recovery of the money he paid against the transferor’s debt.