Property Law

Supreme Court Upholds Partition Rights: Govindammal vs. Vaidiyanathan (2018)

/ Adverse Possession, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 11, Court Auction, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Partition, Property Law, Res Judicata

Supreme Court Upholds Partition Rights: Govindammal vs. Vaidiyanathan (2018) LEGAL ISSUE: Whether a court auction sale of a property can transfer a title greater than what the judgment debtor possessed and whether the principle of res judicata applies to co-defendants. CASE TYPE: Civil Property Dispute Case Name: Govindammal (Dead) By Lrs. and Ors. vs. Vaidiyanathan […]

Supreme Court Upholds Partition Rights: Govindammal vs. Vaidiyanathan (2018) Read Post »

Supreme Court Upholds Dismissal of Delay Condonation in Property Dispute: Mohd. Sahid vs. Raziya Khanam (2018)

/ Appeal, Civil Procedure, Condonation of Delay, Ex-parte Decree, Indira Banerjee, Injunction, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, Property Law, R. Banumathi, Sale Deed

Supreme Court Upholds Dismissal of Delay Condonation in Property Dispute: Mohd. Sahid vs. Raziya Khanam (2018) Date of the Judgment: October 10, 2018 Citation: (2018) INSC 910 Judges: R. Banumathi, J., Indira Banerjee, J. Can a party who was aware of court proceedings claim ignorance to justify a delay in filing an appeal? The Supreme

Supreme Court Upholds Dismissal of Delay Condonation in Property Dispute: Mohd. Sahid vs. Raziya Khanam (2018) Read Post »

Supreme Court Upholds Family Arrangement in Property Dispute: Dalip Kaur vs. Ram Kishan (2018)

/ Customary Law in Punjab, Family Arrangement, Hindu Law, Judges, Limited Estate, Mitakshara Law, Mohan M. Shantanagoudar, N.V. Ramana, Property Law, Reversioner Rights

Supreme Court Upholds Family Arrangement in Property Dispute: Dalip Kaur vs. Ram Kishan (2018) LEGAL ISSUE: Whether a gift of property by a mother with a limited estate to her daughters can be considered a family arrangement, and whether the daughters, as reversioners, are bound by it. CASE TYPE: Civil Property Law Case Name: Dalip

Supreme Court Upholds Family Arrangement in Property Dispute: Dalip Kaur vs. Ram Kishan (2018) Read Post »

Adverse Possession Claim Upheld: Supreme Court Resolves Mortgage Dispute (2018)

/ Adverse Possession, Civil Law, Civil Procedure Code, Judges, Limitation Act, Limitation Act, 1963, Limitation Act, 1963 with Section 27, Mortgage Law, Property Law, Sanjay Kishan Kaul, Uday Umesh Lalit

Supreme Court Rules on Adverse Possession in Mortgage Dispute Date of the Judgment: September 18, 2018 Citation: Civil Appeal No. 4985 of 2010 Judges: Uday Umesh Lalit, J. and Sanjay Kishan Kaul, J. Can a person in possession of a property, initially as a mortgagee, claim ownership through adverse possession if their status changes to

Adverse Possession Claim Upheld: Supreme Court Resolves Mortgage Dispute (2018) Read Post »

Supreme Court Upholds Auction Sale, Rejects Challenge Based on Waiver and Estoppel: Pravesh Kumar Sachdeva vs. State of Uttar Pradesh (2018)

/ Auction Sale, Contract Law, Deepak Gupta, Estoppel, Judges, Madan B. Lokur, Property Law, S. Abdul Nazeer, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Waiver

Supreme Court Upholds Auction Sale, Rejects Challenge Based on Waiver and Estoppel: Pravesh Kumar Sachdeva vs. State of Uttar Pradesh (2018) Date of the Judgment: September 13, 2018 Citation: 2018 INSC 780 Judges: Madan B. Lokur, J., S. Abdul Nazeer, J., Deepak Gupta, J. Can a party challenge an auction sale after accepting the excess

Supreme Court Upholds Auction Sale, Rejects Challenge Based on Waiver and Estoppel: Pravesh Kumar Sachdeva vs. State of Uttar Pradesh (2018) Read Post »

Supreme Court overturns High Court order on property dispute: Kalyan Singh vs. Ravinder Kaur (2018)

/ Civil Law, Civil Procedure Code, 1908, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Second Appeal, Indira Banerjee, Judges, Property Law, R. Banumathi, Second Appeal

Supreme Court overturns High Court order on property dispute: Kalyan Singh vs. Ravinder Kaur (2018) LEGAL ISSUE: Whether the High Court was correct in reversing the judgment of the First Appellate Court based on a question of fact, when no substantial question of law was involved. CASE TYPE: Civil Property Dispute Case Name: Kalyan Singh

Supreme Court overturns High Court order on property dispute: Kalyan Singh vs. Ravinder Kaur (2018) Read Post »

Supreme Court Upholds Concurrent Findings on Possession in Property Dispute: Ram Raj vs. Badri (2018)

/ Civil Law, Civil Law with Section 100, Code of Civil Procedure, 1908, Judges, Kurian Joseph, Property Law, Sanjay Kishan Kaul

Supreme Court Upholds Concurrent Findings on Possession: Ram Raj vs. Badri (2018) LEGAL ISSUE: Legality and continuity of possession in a property dispute. CASE TYPE: Civil Case Name: Ram Raj & Ors. vs. Badri (Dead) Through LRs & Ors. Judgment Date: 11 July 2018 Introduction Date of the Judgment: 11 July 2018 Citation: [Not Available

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Supreme Court upholds findings on oral gift: Sheikh Yakub vs. Sakinabi (2018)

/ Burden of Proof, Evidence, Judges, Kurian Joseph, Oral Gift, Property Law, Sanjay Kishan Kaul, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 122

Supreme Court Upholds Findings on Oral Gift in Property Dispute: Sheikh Yakub vs. Sakinabi (2018) Date of the Judgment: July 11, 2018 Citation: Not Available Judges: Justice Kurian Joseph and Justice Sanjay Kishan Kaul. Can an oral gift of property be considered valid without sufficient evidence? The Supreme Court of India recently addressed this question

Supreme Court upholds findings on oral gift: Sheikh Yakub vs. Sakinabi (2018) Read Post »

Supreme Court Grants Time to Vacate Premises in Tenancy Dispute: Ved Prakash Arya vs. Panna Lal (2017)

/ Applicability of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, Eviction, Judges, Kurian Joseph, Property Law, R. Banumathi, Tenancy Law, Uttar Pradesh Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972

LEGAL ISSUE: Whether the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 applies to trust property. CASE TYPE: Civil (Tenancy) Case Name: Ved Prakash Arya @ Ramjee & Anr. vs. Panna Lal & Ors. Judgment Date: March 22, 2017 Introduction Date of the Judgment: March 22, 2017 Citation: Not Available Judges:

Supreme Court Grants Time to Vacate Premises in Tenancy Dispute: Ved Prakash Arya vs. Panna Lal (2017) Read Post »

Supreme Court Orders Fresh Look at Property Dispute: Selvi vs. Gopalakrishnan Nair (2018)

/ Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 97, Judges, L. Nageswara Rao, Partition Suits, Property Law, R. Banumathi

Supreme Court Orders Fresh Look at Property Dispute: Selvi vs. Gopalakrishnan Nair (2018) LEGAL ISSUE: Dispute over the correct description of suit property in a mortgage redemption case. CASE TYPE: Civil (Property Law) Case Name: Selvi vs. Gopalakrishnan Nair (D) Thr. Lrs. And Ors. [Judgment Date]: May 15, 2018 Date of the Judgment: May 15,

Supreme Court Orders Fresh Look at Property Dispute: Selvi vs. Gopalakrishnan Nair (2018) Read Post »

Supreme Court Upholds Ownership Rights in Land Dispute: Eureka Builders vs. Gulabchand (2018)

/ Abhay Manohar Sapre, Judges, Karnataka Village Abolition Act, 1961, Land Ownership, Limitation Act, 1963, Limitation Act, 1963 with Article 64, Limitation Act, 1963 with Article 65, Limitation Act, 1963 with Section 27, Property Law, R.K. Agrawal, Transfer of Property

Supreme Court Upholds Ownership Rights in Land Dispute: Eureka Builders vs. Gulabchand (2018) LEGAL ISSUE: Determination of ownership rights in a land dispute involving prior sales, re-grants, and limitation. CASE TYPE: Civil Property Dispute Case Name: M/s Eureka Builders & Ors. vs. Gulabchand s/o Veljee Dand Since Deceased by L.Rs. & Ors. Judgment Date: May

Supreme Court Upholds Ownership Rights in Land Dispute: Eureka Builders vs. Gulabchand (2018) Read Post »

Supreme Court clarifies share in property partition: Dharmalingam vs. Lalithambal (2018)

/ Arun Mishra, Civil Law, Judges, Partition, Property Disputes, Property Law, Sale of Undivided Share, Uday Umesh Lalit

Supreme Court Clarifies Share in Property Partition: Dharmalingam vs. Lalithambal (2018) LEGAL ISSUE: Determining the correct share of a buyer in a property after multiple partitions and sales. CASE TYPE: Civil Property Partition. Case Name: A.Dharmalingam (Dead) by LRs. vs. V. Lalithambal & Ors. [Judgment Date]: April 27, 2018 Introduction Date of the Judgment: April

Supreme Court clarifies share in property partition: Dharmalingam vs. Lalithambal (2018) Read Post »

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