Possession of Property Archives

[S. 14 HSA] ‘Right to maintenance’ is sufficient for ripening possession into full ownership if property is given in lieu of maintenance: SC reiterates

“Hindu Women’s right to maintenance is not by virtue of any statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived.”

stranger to suit dispossession decree holder redelivery

Case Briefs Supreme Court

Can a stranger to a suit, dispossessed of immovable property by decree-holder, seek redelivery? Supreme Court answers

Order XXI Rule 99, CPC is lucid that where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, he may make an application to the Court complaining of such dispossession.

Karnataka stamp act provisions sequence of application

Case Briefs Supreme Court

SC summarises sequence of application of Karnataka Stamp Act provisions on insufficiently stamped instruments

The Court pointed out that the object of the Karnataka Stamp Act, 1957 is not to exclude evidence or to enable parties to avoid obligations on technical grounds. Rather, the object is to obtain revenue even from such instruments which are at the first instance unstamped or insufficiently stamped.

Case Briefs High Courts

District Magistrate not adjudicating authority under SARFAESI Act; only duty to assist secured creditor in taking possession of property: Jharkhand HC

The Court stated that by delaying the disposal of the application filed by the petitioner, the District Magistrate is frustrating the intent of law, which should not be.

Case Briefs Supreme Court

Whether non-production of Power of Attorney to prove a sale deed would be fatal to the case of the plaintiff?; Supreme Court’s split verdict

While Justice Shah stated that the plaintiff had not produced the Power of Attorney, Justice Nagarathna opined that non-production of Power of Attorney was not fatal to the case of the original plaintiff.

Case Briefs Supreme Court

Hindu widow’s pre-existing right to maintenance automatically ripens into full ownership when she is in settled legal possession of the property: SC

Supreme Court: The bench of Ajay Rastogi and Bela M. Trivedi*, JJ has held that by virtue of Section 14(1) of the

Case Briefs High Courts

Kar HC | Stay granted against Canara Bank taking possession of property till petitioner avails remedy under SARFAESI

Karnataka High Court: B. Veerappa, J. while disposing of this petition directed that the impugned order should not be given effect to.

Case Briefs High Courts

Ker HC | Writ court cannot direct police assistance in cases involving disputed questions of title and possession of property

Kerala High Court: A Division Bench comprising of P.R. Ramachandra Menon and N. Anil Kumar, JJ. dismissed a petition seeing mandamus for