Vested Right Explains

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Vested right explains


S J Tubrazy

A vested right an accrued right or a substantive right does not mean only title to property or office, a right, benefit or an advantage conferred by a statute, if availed of by doing a thing as required by the statute, is also a right of this kind. Again, if a right, benefit or advantage conferred by a statute is dependent on the happening of a contingency, then, the same becomes a vested or accrued right after the contingency has happened.

This can be illustrated by giving some instances. For example, a co-sharer’s statutory right to pre-empt the land transferred by another co-sharer out of the common holding, is a substantive right, this right of pre-emption is the co-sharer’s vested right and is capable of being enforced. After the Court has granted pre-emption, the pre-emptor again acquires a vested right in the land itself. Similarly, a mortgagor’s right to redeem a mortgage is a vested right and is enforcible.

A lessor has a right to determine a monthly tenancy in respect of an urban property by 15 days’ notice to quit. This right conferred by the statute is to be availed of by giving such a notice. After such a notice has been given, the lessor acquires a substantive right to eject the lessee and to get possession of the demised premises. This is the lessor’s vested right. If the lessee does not quit pursuant to the notice, the lessor is entitled under the law to recover compensation from the lessee for the unauthorised use and occupation of the premises. The right to recover compensation is yet another substantive right. If the lessor has obtained a decree for compensation in a suit brought for the purpose, then, the decree so obtained by him becomes a property and his right thereto is his vested right.


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