Eviction under Senior Citizens Act invalid when no maintenance sought: Bombay High Court
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used for summary property disputes.
property disputes
Supreme Court seeks detailed State Report in Karnataka multi-party land sale; Orders probe into forged sale deeds, registration irregularities
The proceedings highlight the Supreme Court’s emphasis on procedural clarity and its resolve to tackle systemic issues in property disputes, carrying significant implications for due process in the registration and sale of immovable property.
Senior Citizens Act, 2007 | Maintenance Tribunals can’t resolve property disputes; Civil Courts hold jurisdiction: Allahabad HC
“The present being a case where the grievance sought to be raised by the petitioner is regarding alleged obstruction by his neighbour in the construction of a gate on the petitioner’s property, the same in our view would not come within the purview of provisions of the Senior Citizens Act 2007.”
High Court’s supervisory power under Art. 227 can’t be invoked to usurp original jurisdiction of the court which it seeks to supervise: SC
“Short-circuiting of procedure to reach hasty outcomes is an undesirable propensity of an overburdened judiciary. Such impulses rendering procedural safeguards and substantive rights subvert certainty and consistency in law and need to be discouraged”.
‘The very concept of family is being eroded’; SC dismisses appeal seeking eldest son’s eviction
Supreme Court pointed out that the provisions of the Senior Citizens Act, nowhere specifically provides for drawing proceedings for eviction of persons from any premises owned or belonging to such a senior person.
Transferee pendente lite not entitled to come on record as a matter of right; impleadment will depend on nature of suit: SC
“Merely because such transferee pendente lite does not come on record, the concept of him (transferee pendente lite) not being bound by the judgment does not arise and consequently he would be bound by the result of the litigation, though he remains unrepresented”.
Inside Supreme Court’s decision on principles of Adverse Possession and Limitation in property disputes
“A person claiming adverse possession should show, as to on what date he got the possession; the nature of his possession; whether the factum of possession was known to the other party; how long his possession has continued; and that his possession was open and undisturbed.”
Supreme Court’s verdict on daughter’s right to inherit ancestral property before Hindu Succession Act 2005 Amendment and validity of settlement deed, explained
Since the daughter had not signed the alleged settlement deed, the Supreme Court clarified that “In a suit for partition of joint property, a decree by consent amongst some of the parties cannot be maintained”.
From the archives| Trespasser’s right to protect his person & property against true owner
In Ram Rattan v. State of U.P., (1977) 1 SCC 188, the 3-judges Bench comprising S. Murtaza Fazal Ali, P.N. Bhagwati, and V.R. Krishnaiyer, JJ., delved into the scope of a trespasser to exercise the right of private defence of property and person.