Supreme Court of India Judgements

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Category: Property Matters

Property Matters

Alienation of property of minor by natural guardian—Minor died before attaining majority—Limitation to avoid instrument made by guardian of the ward is 03 years from the death of ward as provided in Article 60 of Limitation Act Alienation of property of minor—Without praying for setting aside the sale deeds executed by natural guardian of minor (father), the suit for declaration and possession was not maintainable

Apr 29, 2019 sclaw

2019(2) Law Herald (SC) 972 : 2019 LawHerald.Org 778 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 1782…

Property Matters

Appellants cannot be deprived of a plot allotted to her merely on the basis that she has not made any grievance in respect of possession of the plot allotted on the basis of technicities. If such allotment is found to be made, the appellant would be entitled to possession of the plot of 250 sq. yards. If it is found that the plot allotted to the appellant is not available, the Registrar or its delegate shall pass such necessary order to redress the grievance of the appellant after giving an opportunity of hearing to the affected persons

Apr 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NISHA SINGLA — Appellant Vs. ADARSH COLONY COOPERATIVE HOUSE BUILDING SOCIETY LTD AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and…

Property Matters

Displaced Persons (Compensation and Rehabilitation) Act, 1954 – Sections 22 and 24 – Entitlement of the land–we are of the opinion that if the appellants are directed to pay some more reasonable amount considering the fact that number of years have passed and even the price of the land has also increased, it would meet the ends of justice. At the same time, to direct the appellants to pay the present market value/market price would also be unreasonable. Therefore, taking into over all facts and circumstances of the case, we are of the opinion that if the appellants are directed to pay Rs. 3,66,30,000/- towards the cost of the land and Rs. 20,00,000/- towards the cost of construction of the existing building, it will meet the ends of justice–we are of the opinion that if the appellants are directed to pay some more reasonable amount considering the fact that number of years have passed and even the price of the land has also increased, it would meet the ends of justice. At the same time, to direct the appellants to pay the present market value/market price would also be unreasonable. Therefore, taking into over all facts and circumstances of the case, we are of the opinion that if the appellants are directed to pay Rs. 3,66,30,000/- towards the cost of the land and Rs. 20,00,000/- towards the cost of construction of the existing building, it will meet the ends of justice

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GURDEV SINGH AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and M.R. Shah, JJ.…

Property Matters

Auction Sale—Lease hold property or Free hold property—While interpreting the Sale Deed, the auction notice has to be looked into to find out the nature of transaction—Sale Deed cannot be read divorced to the auction notice or contrary to auction notice Unearned Increase—When the auction was made on the market value of the property, then there was no question of claiming of unearned increase by the development authority   

Apr 10, 2019 sclaw

2019(1) Law Herald (SC) 845 : 2019 LawHerald.Org 722 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 1533…

Property Matters

On the peculiar facts and circumstances, it may not be just to deny the plot to the appellant, inspite of having been allotted plots, both under the general category and under the Government employees quota. In the circumstances, we are of the view that the HUDA should accept the belated production of Integrity Certificate and confirm the allotment of Plot No. 946 (Sector 25) to the appellant

Mar 31, 2019 sclaw

2009(1) LAW HERALD (SC) 615 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice  J.M.Panchal Civil Appeal No. 607 of 2009 (Arising…

Property Matters

Co-sharer–When a co-sharer sells his share in the joint holding or any portion thereof and puts the vendor into possession of land in his possession what he transfers is his right as a co-sharers in said land and right to remain in its exclusive possession till joint holding is partitioned amongst all co-sharers—Sale of subsequent portion of land out of joint holding by the co-owners is nothing but a sale of a share out of the joint holding and is pre-emptible under Section 15(1)(b) of Act

Feb 24, 2019 sclaw

2009(1) LAW HERALD (SC) 514 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 321…

Property Matters

Mortgage–Whether a document is mortgage by conditional sale or a sale with a condition of repurchase is a vexed question–One of the ingredients for determining the true nature of transaction, therefore, is that the condition of repurchase should be embodied in the document which effects or purports to effect the sale–Indisputably, the said condition is satisfied– Transfer of Property Act, 1882, Mortgage–In a case where deed of mortgage is executed with a condition of repurchase, the amount of consideration remains the same.

Feb 24, 2019 sclaw

2009(1) LAW HERALD (SC) 489 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice  S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7400 of 2008…

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