Registration of Family settlement is not Necessary
SUPREME COURT OF INDIA Before:- Kurian Joseph and R. Banumathi, JJ. Civil Appeal No. 5805 of 2016 (Arising out of SLP(C) No. 27268 of 2008). D/d. 5.7.2016. Subraya M.N. –…
Housing – Recovery of amount of interest – Noida and Greater Noida Authorities HELD A prayer made the authorities be given liberty to recover amount of interest from the builder at the contractually agreed rate under the lease deed – It was lastly and rightly pointed out that the Court can fix a reasonable rate of interest – Considering the present scenario, This Court feel that the aforesaid submission is justified
SUPREME COURT OF INDIA DIVISION BENCH BIKRAM CHATTERJI AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Arun Mishra and Uday Umesh Lalit,…
West Bengal Cooperative Societies Rules, 2011 – Rule 133(1) – Membership – It is clear that besides the initial amount of Rs. 3.86 lakhs, the petitioners did not deposit any further amount and kept disputing the demands raised by the Housing Society – HELD the order of the Society expelling the petitioners had come into effect and thereafter the six flats have already been allotted to six different persons, who have deposited the requisite amounts – Application dismissed.
SUPREME COURT OF INDIA DIVISION BENCH SK JALALUDDIN AND OTHERS — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : R.F. Nariman and Vineet Saran,…
Once A Mortgage, Always A Mortgage’ – Right To Redeem Mortgage Can Be Extinguished Only By Process Of Law : SC HELD “Section 90 of the Indian Trusts Act, 1882 casts a clear obligation on the mortgagee to hold any right acquired by him in the mortgaged property for the benefit of the mortgagor, as he is seen to be acting in a fiduciary capacity in respect of such transactions. Therefore, the advantage derived by the Appellants (mortgagee) by way of the re-grant must be surrendered to the benefit of the Respondents (Mirashi tenant––mortgagor)”
Section 90 of the Indian Trusts Act, 1882 casts a clear obligation on the mortgagee to hold any right acquired by him in the mortgaged property for the benefit of…
Burden To Prove That The Property Is A Joint Property Of An HUF Is On The Person Who Asserts So: SC HELD “Merely because the business is joint would not raise the presumption that there is a Joint Hindu Family.”
Burden To Prove That The Property Is A Joint Property Of An HUF Is On The Person Who Asserts So: SC [Read Judgment] LIVELAW NEWS NETWORK 4 April 2020 7:16…
Registration Act, 1908 – Section 17, 17(1)(b), 17(1) and 17(2)(v) – Suit for declaration HELD When legislature has specifically excluded applicability of clause (b) and (C) with regard to any decree or order of a Court, applicability of Section 17(1)(b) cannot be imported in Section 17(2)(v) by any indirect method – Decree and order did not require registration and were fully covered by Section 17(2)(vi), which contains exclusion from registration as required in Section 17(1)
SUPREME COURT OF INDIA DIVISION BENCH GURCHARAN SINGH & ORS. — Appellant Vs. ANGREZ KAUR & ANR. — Respondent ( Before : Ashok Bhushan and Navin Sinha JJ. )…
A plea of adverse possession is founded on the acceptance that ownership of the property vests in another against whom the claimant asserts a possession adverse to the title of the other. Possession is adverse in the sense that it is contrary to the acknowledged title in the other person against whom it is claimed. HELD To substantiate a plea of adverse possession, the character of the possession must be adequate in continuity and in the public because the possession has to be to the knowledge of the true owner in order for it to be adverse.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 190 OF 2020 (ARISING OUT OF SLP (CIVIL) NO. 16321 OF 2011) SHRI UTTAM CHAND (D) THROUGH…
…….condition in the gift deed that the donee shall not alienate the subject property is a void condition as per Section 10 of the Transfer of Property Act……….
Condition Restraining Alienation Of Property By Donee In A Gift Deed Is Void: SC [Read Judgment] Ashok Kini 11 Feb 2020 4:30 PM The Supreme Court has observed that a…
Compromise Decree Which Does Not Take In Property That Is Not Subject Matter Of Suit Need No Registration: SC HELD “A compromise decree passed by a Court would ordinarily be covered by Section 17(1)(b) but subsection(2) of Section 17 provides for an exception for any decree or order of a Court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding.
Compromise Decree Which Does Not Take In Property That Is Not Subject Matter Of Suit Need No Registration: SC [Read Judgment] LIVELAW NEWS NETWORK 5 Feb 2020 6:41 PM The…
Registration Act, 1908 – Sections 31, 88, 89, 32, 34 and 36 – Civil Procedure Code, 1908 (CPC) – Section 100 – Transfer of Property Act, 1882 – Section 53(A) – Registration of deed of conveyance – HELD The deed in question does not fall within Sections 31, 88 and 89 of the Registration Act. Section 32 of the said Act does not require presence of both parties to a deed of sale when the same is presented for registration – Not find any reason to interfere with the judgment of the High Court
SUPREME COURT OF INDIA DIVISION BENCH H.P. PUTTASWAMY — Appellant Vs. THIMMAMMA AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil Appeal No. 3975…