Search Results for "co-owner"

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Supreme Court Allows Indian Railways' Appeals, Upholds Its Status as Deemed Dist...
Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of...
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Supreme Court

Supreme Court Upholds Appellant's Absolute Ownership in Hindu Succession Dispute Over Limited Estate Under Will. The Court held that a limited life interest conferred by a Will falls under Section 14(2) of Hindu Succession Act, 1956, preventing expansion to absolute ownership, and applied res judicata to bar re-litigation of previously adjudicated matters.

1 Feb 2022

The dispute arose from a Will dated 15.4.1968 by Tulsi Ram, who died on 17.11.1969, bequeathing property in Village Jundla, Haryana, to his son (the a...

Supreme Court

Supreme Court Upholds Validity of Will and Limits Sale Deed in Property Inheritance Dispute. Will dated 6th May 2009 Not Revoked by Agreement as It Did Not Comply with Section 70 of Indian Succession Act, 1925, and Sale Deed Valid Only to Extent of Co-owner's Share in Undivided Property.

28 Oct 2021

The dispute arose from a property inheritance conflict involving lands owned by Mangilal in Madhya Pradesh. Mangilal executed a Will on 6th May 2009, ...

Supreme Court

Supreme Court Allows Landowners' Appeals for Enhanced Compensation in Land Acquisition Case Based on Parity and Comparable Sales. Compensation Enhanced to Rs.28.12 per Square Yard for Lands Acquired in 1976 Under Sections 4, 6, and 18 of Land Acquisition Act, 1894, as Similar Lands in Comparable Cases Received Same Rate.

23 Sep 2021

The dispute involved appeals by original landowners against the High Court's dismissal of their appeals seeking enhanced compensation for lands acquir...

Supreme Court

Supreme Court Allows Wife's Right to Reside in Matrimonial Home Under MHADA Scheme — Emphasizes Rehabilitation of Dishoused Occupiers. The Court held that the wife's right to residence is not absolute and must be balanced with the rights of co-owners and the terms of the redevelopment agreement under Section 95-A of the Maharashtra Housing and Area Development Act, 1976.

27 Apr 2020

The appellant, Aishwarya Atul Pusalkar, filed a writ petition before the Bombay High Court seeking enforcement of her right to reside in her matrimoni...

Supreme Court

Supreme Court Allows Appeal in Pre-emption Case Under Rajasthan Pre-emption Act, 1966 — Right of Pre-emption Not Available Where Vendee Has Equal or Inferior Right. Court Holds That Under Section 5(1)(c) of the Act, a Claimant Must Have a Superior Right to That of the Vendee; Otherwise, No Right Accrues.

17 Jan 2020

The appeal arises from a judgment of the Rajasthan High Court dismissing a second appeal under Section 100 of the Code of Civil Procedure, 1908. The d...

Supreme Court

Supreme Court Allows Appeals by Third-Party Purchasers Against Decree Affecting Their Possession: Leave to Appeal Granted as Sale Deed Holders Are 'Persons Aggrieved' Under Section 96 CPC. The Court held that the High Court erred in rejecting the application for leave to appeal, as the trial court's decree directly prejudiced the appellants' rights and interests.

1 Jan 2020

The case involves appeals by third-party purchasers (appellants) who purchased sites from the General Power of Attorney holders of the original owners...

Supreme Court

Supreme Court Partially Allows Appeal in Specific Performance Suit — Decree Limited to Co-owner's Share Only. Agreement to Sell by One Co-owner Cannot Bind Other Co-owner's Share Without Authority Under Hindu Succession Act, 1956.

24 Oct 2019

The appeals arose from a suit for specific performance of an agreement to sell dated 24.4.1979 concerning property at 1B, Palace Road, Bangalore. The ...

Supreme Court

Supreme Court Upholds Gift Deed in Ancestral Property Dispute — Property Devised by Will Held Self-Acquired. Gift Deed Valid as Execution Not Specifically Denied, No Attesting Witness Required Under Section 68 of Indian Evidence Act, 1872.

4 Oct 2019

The present appeal arises from a second appeal before the Gujarat High Court concerning a gift deed executed by Chhotabhai Ashabhai Patel (donor) on N...

Supreme Court

Supreme Court Upholds Doctrine of Mutuality for Incorporated Clubs — Supply of Food and Drinks to Members Not Taxable as Sale. The Court held that Article 366(29-A)(e) does not override the mutuality principle and that incorporated clubs acting as agents of their members do not effect a 'sale' under sales tax laws.

3 Oct 2019

The Supreme Court in this batch of appeals considered the applicability of the doctrine of mutuality to incorporated clubs after the 46th Amendment to...

Supreme Court

Supreme Court Dismisses Appeal in Joint Family Property Dispute — Tenancy Rights Determined Under Bombay Tenancy Act, Civil Court Jurisdiction Barred. The court held that the civil court lacked jurisdiction to decide tenancy issues under Sections 85 and 85A of the Bombay Tenancy and Agricultural Lands Act, 1948, but the certificate under Section 32M had become final.

27 Aug 2019

The dispute pertains to an open land measuring eight acres in Nasik, originally owned by Raghunath Hari Phadake. The land was taken on lease by Govind...

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