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Property Law Judgments and Orders

The Sthanee has an absolute interest in the income of the Sthanam properties or acquisitions

 06 June 2020

A member of the tarwad has no right to maintenance from out of the Sthanam properties nor can such property be converted into tarwad property by the grant of such maintenance by custom or otherwise or intermingling of the Sthanam properties with th..

Posted in Property Law |   1363 hits

Will Cannot be Suspected merely Because Beneficiary helped the Testator in preparing the Will

 05 June 2020

The Supreme Court was dealing with an appeal by special leave against the judgment whereby the Delhi High Court had dismissed the appeal preferred by the present appellant and had affirmed the judgment passed by the Additional District Judge in a Pro..

Posted in Property Law |   1521 hits

Whether an estranged husband who was prima facie shown to be violent could be allowed into matrimonial home where wife resided with her

 18 May 2020

The Court held under Section 19(1)b of the DV Act, the respondent be denied the right to live in the matrimonial home despite he being the owner of such shared household. The object behind this lies on the idea that even though he is an owner of the ..

Posted in Property Law |   1061 hits

Wife cannot invoke a writ against Builder or Development Authority to enforce Right to Matrimonial Home

 30 April 2020

In the case of Aishwarya Pusalkar v. State of Maharashtra, the Supreme Court on 27th April held that wife cannot invoke a writ against Builder or Development Authority to enforce Right to Matrimonial Home, if the husband is not allowing her to reside..

Posted in Property Law |   1067 hits

Additional Enhanced Cost can be charged by developing agency from allottee

 17 December 2014

A) Allotment of residential plot - the Administration issued the allotment letter in favour of the appellant within 48 hours of submission of application making it clear that as the proper calculation could not be made and tentative price had not bee..

Posted in Property Law |   7059 hits

Rights of an auction-purchaser in the property

 13 January 2014

Rights of an auction-purchaser in the property purchased by him cannot be extinguished. Exceptions: In cases where the said purchase can be assailed on the following grounds: 1. Collusion 2. Fraud ..

Posted in Property Law |   4950 hits

Succession Act, 1925 - Secs. 57, 213 - Compulsory Requirement of Probate

 24 May 2013


Posted in Property Law |   20029 hits

Section 15 applies to the property inherited by the female from her parents and when the females die without any son or daughter

 13 September 2012

The learned Single Judge has noticed that the matters, though in diversity of facts, entail common question of law relating to interpretation of Sections 48, 51 & 53 of the Delhi Land Reforms Act, 1954 (DLR Act) i.e. who is to succeed to/inherit the ..

Posted in Property Law |   3345 hits

Party of a contract who has complains of breach of contract must prove what is the actual loss suffered by it

 01 August 2012

The undisputed facts are that the plaintiff, M/s York Export Ltd., and the defendants entered into an agreement whereby the defendants agreed to sell and the plaintiff agreed to purchase 164 bighas 7 biswas of land owned by the defendants comprised ..

Posted in Property Law |   3182 hits

Limitation to initiate proceeding under sec 81 of Delhi Lansd Reform Act.have to be reconed from period of violation

 08 June 2012

The challenge to the impugned order (Annexure P-8) is on the ground that the earlier proceedings under Section 81 of the Delhi Land Reforms Act, 1954, initiated against the petitioner were dropped vide order of 4th May, 2000 (Annexure P-2) and in vie..

Posted in Property Law |   6024 hits

Conversion of Lease hold tenure in to free hold tenure subject to the condition laid in the Transfer of Property Act

 24 April 2012

Though not recognized by the Transfer of Property Act, but became the reality of life in Delhi, and thus compelled the Government to recognize such transfers and legalize them. Way back in the year 1992, a conversion policy was notified as per which ..

Posted in Property Law |   4520 hits

Determination of quantum of damage in case of unauthorized occupation of premises

 09 April 2012

Initially, the petitioner had approached this Court by way of a writ petition being WP(C) No. 5877/2001 which was disposed of by an order dated 21.05.2002. Primarily, in that writ petition, the petitioner had sought release of the terminal benefits o..

Posted in Property Law |   3983 hits

Vacation of the property by the lessee with the notice to the lessor would sufficiently discharge the lessee any further obligation

 23 March 2012

Vide lease-deed dated April 24, 1996, Ex.D-1, respondent took on lease from the appellant 4450 sq.ft. area on the fourth floor of a building popularly called „Herald House‟ at Bahadur Shah Zafar Marg and for which the monthly rental agreed was Rs.125..

Posted in Property Law 1 comments |   3602 hits

Case under Sections 47A/33 of the Indian Stamp Act, 1899

 24 January 2012

Facts: A Sale Deed was executed between Har Charan Singh and the respondents herein in respect of the property situated at Lucknow. The total value of the property was computed as Rs. 1,55,28,860/- for the purposes of Stamp Duty and the respondents..

Posted in Property Law |   13834 hits

Non discloser house property income means evasion of Municipal Tax and may cause penalty on the Landlord

 13 December 2011

The dispute began when the Municipal Corporation of Delhi proposed to enhance, with effect from 01.04.1999, the rateable value from the existing rateable value of `11,400/- to `1,50,000/- on account of letting of the ground floor. It be highlighted t..

Posted in Property Law |   2703 hits

Property belong to the HUF should be distributed between the Coparcener equally

 10 December 2011

Suit CS(OS) No. 985/2002 has been filed by Shri Rajender Shanker against his brother Shri Devendra Shanker seeking partition of the estate of their father late Shri Damodar Dass Mathur alleged to be comprising of house No.104, Jor Bagh, New Delhi, in..

Posted in Property Law |   6251 hits

If the suit not filed in the Court define u/s 2(4) of B.P.T Act 1950 than Sec 50 and 51 will not be attracted

 24 November 2011

The facts are not in dispute and are very brief. The Respondents filed RCS No.1002 of 1998 against the Appellants in the Civil Court at Pune for permanent injunction from disturbing the possession of the Plaintiffs Trustees over the suit property. Th..

Posted in Property Law |   5892 hits

Proceeding under Section 145 does not Purports to decide right, title and interest of the parties to the disputes

 24 November 2011

The case of the petitioner is that on the basis of police report a proceeding under Section 144 Cr.P.C. was initiated against the petitioner 1st party and opposite party no. 2 to 6 along with the father of opposite party no. 7 as second party. The di..

Posted in Property Law |   3664 hits

Principles of res judicata applies also as between two stages in the same litigation

 24 November 2011

Shorn of unnecessary details, a few facts which are necessary to be cited for the adjudication of the above Petition can be stated thus: The Respondent No.1 is the original Plaintiff and the Petitioners herein are the original Defendants. The Respond..

Posted in Property Law 1 comments |   3659 hits

In determination of Consideration for Land Acquisition Deduction all together should not exceed 75 percent on market value

 24 November 2011

Gulbarga Development Authority, consequent upon its desire to acquire land for raising a residential layout, issued a preliminary notification under section 15(1) of the City Improvement Trust Board Act, 1976 on 13.5.1982. Through the aforesaid notif..

Posted in Property Law |   2464 hits