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Showing posts with label property law. Show all posts
Showing posts with label property law. Show all posts
Tuesday, 21 April 2026

Section 27 Limitation Act: When Delay Destroys Title

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Section 27 of the Limitation Act, 1963 is one of the most significant provisions in property law because it goes beyond merely barring a rem...
Sunday, 21 November 2021

Whether parties claiming based on doubtful will should approach civil court before approaching revenue court for mutation entry?

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  It is not in dispute that the dispute is with respect to mutation entry in the  revenue records. The petitioner herein submitted an applic...
Saturday, 6 April 2019

Whether Hindu woman who is in illegal possession of property without title can obtain absolute ownership as per S 14(1) of Hindu succession Act?

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 It is true that the appellant was in possession of Eran Gowda's properties but that fact alone is not sufficient to attract the oper...
Friday, 9 June 2017

When suit filed by plaintiff for declaration without claiming relief of recovery of possession is tenable?

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The plaintiff, who was not in possession, had in  the  suit  claimed  only  declaratory  relief  along with   mandatory   injunction.   ...
Saturday, 8 October 2016

Whether certified mutation entries are presumed to be correct?

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 Maharashtra Land Revenue Code, 1966 holds the field in relation to agricultural lands. Sections 149 ,  150  and  154  are relevant.  Secti...

Whether it is duty of sub Registrar to inform talathi about transfer of land as per S 154 of maharashtra land revenue code?

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The first Appellate Court seems to have been swayed away with the certification of the mutation entry after about one year. The first App...

Whether revenue authority can decide question of title during mutation proceeding?

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 At the same time it is also to be noted that in case there is any application by the respondents for mutation of entries in their favour ...

Whether title to property can be transferred on basis of mutation entry?

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 But the real crux of this matter is as to what is the legal effect of the said Mutation Entry No. 2053 at Exhibit 45. The trial Court has...
Wednesday, 1 June 2016

UK High Court's Judgment on Modern Perspective of Donatio Mortis Causa

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There are three requirements to constitute a valid DMC. They are: i) Donor contemplates his impending death. ii) Donor makes a gi...
Wednesday, 18 May 2016

When one co-owner can acquire title to property by adverse possession against another co-owner?

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A three judge bench of this court in P.Lakshmi Reddy v. R.Lakshmi Reddy  AIR 1957 SC 1789 , while examining the necessary conditions f...
Friday, 14 August 2015

Whether it is necessary for govt to acquire land which is reserved under development plan?

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The Scheme of the Act  (i.e. M.R.T.P.) makes it clear that for the purpose of bringing about extinction of right of a private owner, the wh...
Monday, 1 September 2014

Whether plaintiff can claim possessory title over property even if title deed is not with him?

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It appears basically a case of prior possession of the plaintiff on the ground that suit house was acquired by her father Ukandrao during...
Thursday, 20 February 2014

Whether revenue officer can decide legality of registered document?

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 In the case in hand it is not in dispute that the petitioners had produced a registered sale deed dated 15-7-1998 while requesting for ent...
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Wednesday, 19 February 2014

Whether court can consider documentary evidence at stage of temporary injunction without proof?

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The claim of temporary injunction, made by plaintiff needs to be considered by Court in view of the provisions laid down under Order XXXIX,...