Property & Inheritance blog
Plain-language explanations of Supreme Court of India judgments tagged Property & Inheritance on NyaSis.
Family & Property
Is an Unregistered Family Settlement Enforceable?
Worried your plain-paper family settlement won't hold? Kale v. Deputy Director of Consolidation (1976), SC enforced an unregistered oral family settlement.
9 min read
Family & Property
Is a Widow Full Owner of Maintenance Property?
A widow feared her maintenance allotment was a mere life interest. In Tulasamma v. Sesha Reddi (1977), the Supreme Court made it her absolute property.
8 min read
Family & Property
Can a Co-Owner Sell Part of Undivided Property?
Can one co-owner sell a plot of undivided property? Ramdas v. Sitabai, 2009: Supreme Court said no; only an undivided share can be sold before partition.
9 min read
Family & Property
Can Parents Cancel a Gift Deed for Neglect?
Worried a child’s neglect voids a gift deed? In Sudesh Chhikara v. Ramti Devi, the Supreme Court says no, unless care was a condition.
7 min read
Family & Property
Do Daughters Inherit Self-Acquired Property?
Did your Hindu father die without a will? Arunachala Gounder v. Ponnusamy (2022) lets his daughter inherit self-acquired property over collaterals.
9 min read
Family & Property
Can a Housing Society Refuse a Buyer's Membership?
Can a co-op society block a flat transfer or NOC? Ramesh Himmatlal Shah v. Harsukh Jadhavji Joshi (1975) held the flat-occupancy right attachable.
10 min read
Family & Property
Who Owns Stridhan: the Wife or the Husband?
In Pratibha Rani v. Suraj Kumar (1985), the Supreme Court held stridhan belongs absolutely to the wife; refusing to return it is criminal breach of trust.
11 min read
Family & Property
Can a Step-Mother Claim a Step-Son's Property?
Can a stepmother claim a step-son's property in India? In Lachman Singh v. Kirpa Singh (1987), SC held 'sons' under Section 15(1)(a) excludes step-sons.
8 min read
Family & Property
Is a Property in Your Wife's Name Benami?
Husband says property bought in his wife's name is benami? In Nand Kishore Mehra v. Sushila Mehra, the Supreme Court says Section 4 does not bar his suit.
10 min read
Family & Property
Is a Tenant Protected After the Lease Ends?
Can a tenant be evicted after a lease ends? Raptakos Brett v. Ganesh Property (1998) says holding over without consent creates no continuing tenancy.
10 min read
Family & Property
Can a Minor Challenge a Guardian's Property Sale?
Worried that a relative sold your child's home? Madhegowda v. Ankegowda (2001) says a de facto guardian's sale of a minor's property is void ab initio.
11 min read
Family & Property
Can a Landlord Evict a Tenant for His Son's Shop?
Can a long-term shop tenant be evicted so the landlord's son can start a business? Joginder Pal v. Naval Kishore Behal (2002) dismissed the appeal.
9 min read
Family & Property
Is a Registered Will Valid Without Witnesses?
Can a registered Will be rejected? Janki Narayan Bhoir v. Narayan Namdeo Kadam (2002): one attesting witness must prove the other witness's attestation.
9 min read
Family & Property
Can an NRI Recover Property Sold on a Forged POA?
Forged POA sale? State of Rajasthan v. Basant Nahata (2005): executing a POA is lawful and Rajasthan cannot block its registration as public policy.
9 min read
Family & Property
Who Inherits a Mother's Self-Acquired Property?
Mother died without a will? Omprakash v. Radhacharan (2009): Supreme Court applies Section 15(1) to a Hindu woman's self-acquired property, not 15(2).
9 min read
Family & Property
Can a Caretaker or Relative Claim Your House?
Can a caretaker, watchman or relative claim your house? Maria Sequeria Fernandes v. Erasmo Sequeria (2012) says no without a valid rent, lease or licence.
9 min read
Family & Property
Is Partitioned Property Still Ancestral Property?
Does ancestral property lose its status after partition? In Rohit Chauhan v. Surinder Singh (2013), SC said it revives as coparcenary once a son is born.
11 min read
Family & Property
Can You Cancel a Registered Gift Deed?
Can a donor cancel a registered gift deed? Renikuntla Rajamma v. K. Sarwanamma (2014) confirms that an accepted gift cannot be unilaterally revoked.
9 min read
Family & Property
Must a Sister's Relinquishment Deed Be Registered?
Can a note strip your share? In Yellapu Uma Maheswari v. Buddha Jagadheeswararao, the SC held unregistered relinquishment deeds cannot prove partition.
12 min read
Family & Property
Can a Seller Forfeit Your Entire Earnest Money?
Can a seller keep your earnest money deposit if a deal collapses? Kailash Nath Associates v. DDA (2015) says no; the Court ordered refund with interest.
9 min read