What is section 42 of the Specific Relief Act?
Asked by: Kaley Terry | Last update: July 9, 2026Score: 4.7/5 (39 votes)
Section 42 of the Specific Relief Act (1963 in India, 1877 in some jurisdictions like Bangladesh and Pakistan) allows a person with a recognized legal character or property right to ask a court for a formal declaration establishing that right against anyone who denies it.
What are the downsides of section 42?
Drawbacks of Section 42 housing
You'll need to prepare and submit additional paperwork, and you'll need to stay on top of any changes to your income or family size. Discuss even small changes in your income with your landlord or property manager, like taking a part-time job.
How does a section 42 notice work?
A section 42 notice — formally known as a “tenant's notice of claim” — is the document a qualifying leaseholder serves on their freeholder (landlord) to formally begin the statutory lease extension process under the Leasehold Reform, Housing and Urban Development Act 1993.
What qualifies you for section 42?
Eligibility & Requirements
- Property must be residential rental property.
- At least 20% of units must be rent-restricted for households at 50% AMI, or 40% at 60% AMI.
- 15-year compliance period plus extended use period.
- State housing agency allocation required.
- Must meet habitability and other HUD standards.
Who can claim specific relief?
Ans. Section 6 of Specific Relief Act provides as under : (1) If any person is dispossessed without his consent, of immovable property, otherwise than in due course of law, he or any person claiming through him may, by suit recover possession thereof, notwithstanding any other that may be set up in such suit.
declaratory decrees | section 42 & 43 specific relief act 1877 | suit for declaration
How do you recover possession of property under the Specific Relief Act?
6 of the Specific Relief Act, a person dispossessed may recover possession merely by proving previous possession and subsequent wrongful dispossession. He need not prove a better title against the occupier/ trespasser, and he will not be allowed to show his title by ownership, contract, prescription or inheritance.
What is the Specific Relief Act about?
The Specific Relief Act, 1963: The act provides the legal framework for granting specific relief in civil cases. In other words, Specific relief refers to a legal remedy provided by courts to enforce a specific obligation or obtain a specific performance from a party in a civil dispute.
What is the section 42 relief?
Section 42 FA1930 provides relief for transfers of stock or marketable securities on sale between any companies which are members of the same group ('associated companies').
Is $33,000 a year considered low income?
A widely used federal guideline defines low income as $15,960 annually for one person and $33,000 for a family of four in 2026.
What is the purpose of Section 42?
Under Section 42 of the Care Act, local authorities have a duty to make, or cause to be made, enquiries in cases where they reasonably suspect that an adult with care and support needs is experiencing or is at risk of abuse or neglect and, as a result of those needs, is unable to protect themselves from this actual or ...
Is section 42 federal or state?
You may also hear the program referred to as either the “low-income housing tax credit program” or the “rental housing tax credit program.” This is because Section 42 is an affordable housing program established by the federal tax code that allows developers of affordable housing to receive a federal tax credit.
What is a violation of Section 42?
Section 42 of the Act deems it mandatory that only the identified person transfers the subscription amount through banking channel. But this requisite is generally violated during early-stage transactions and group structures.
How much does a section 42 notice cost?
How much does it cost to extend a lease by way of a Section 42 notice? Generally speaking, it will usually cost around £1,900 plus VAT plus disbursements to extend a lease by way of a section 42 notice. However, the fee will vary depending on the particular transaction.
Can I serve a section 42 notice myself?
Can I serve a section 42 Notice myself? Technically it is possible to serve a Section 42 Notice yourself, however for the reasons given above – it makes more sense to instruct a solicitor who specialises in the murky waters of leasehold enfranchisement law. You want to get it right first time!
What not to say to your landlord?
What not to say to your landlord? Never say, "I lost my job" or "I can't pay rent this month." These statements can alarm your landlord and lead to trust issues. Instead of making alarming statements, it's better to discuss any difficulties you might be facing in a constructive way.
What is the difference between section 42 and Section 8?
Section 8 allows rent adjustments during the year and uses HUD's EIV system, while Section 42 does not permit either. Student eligibility rules are stricter in Section 42, requiring ineligible student households to vacate, unlike Section 8 which allows continued occupancy without subsidy.
How much per hour is $30,000 a year?
A salary of $30,000 per year equals $𝟏𝟒.𝟒𝟐 per hour.
Is $100,000 a year lower middle class?
Yes, a $100,000 household income is considered "lower-middle class" in 12 high-cost U.S. states as of April 2026, according to analysis from MoneyLion. This classification applies to the bottom third of middle-class earners, specifically in states like California, Massachusetts, and New York, where high costs for housing and utilities limit the purchasing power of a six-figure salary.
What is the key purpose of section 42 of the Income Tax Act?
Section 42 of the Income Tax Act 58 of 1962 (Act) deals with asset-for-share transactions. It provides roll-over relief for persons wishing to transfer assets to a company in exchange for an issue of shares. But how many shares must the transferee company issue in exchange for an asset or assets?
How long does a freeholder have to respond to a section 42 notice?
Key deadlines after receiving a Section 42 notice
Within 2 months: You must serve a Counter Notice (Section 45 Notice), either accepting or disputing their terms.
What are the benefits of Section 42?
The essence and purpose of section 42 are to ensure that all assets sold to a company in exchange for equity shares are exempt from normal tax, recoupments, and capital gains tax for the person disposing of the asset.
What is Section 33 of the Specific Relief Act?
Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable.
What is Section 41 of the Specific Relief Act?
An injunction cannot be granted— (a)to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings; (b)to restrain any person from instituting or prosecuting any ...
What is Section 12 of the Specific Relief Act?
Specific performance of part of contract. — (1)Except as otherwise hereinafter provided in this section the court shall not direct the specific performance of a part of a contract.