Family & Property blog
A home. An inheritance. The people closest to you. Explore the decisions behind the disputes that get personal.
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 Foreign Divorce Decree Valid in India?
Can an NRI husband's foreign divorce decree be rejected in India if his wife never consented? Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) held void.
9 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
Is a Buyer Protected Without Checking Old Records?
Skipping inquiries from the person in possession can destroy a buyer's bona fide claim. R.K. Mohammed Ubaidullah v. Hajee C. Abdul Wahab (2000): claim denied.
10 min read
Family & Property
Is an Unregistered Lease Over 11 Months Valid?
Does an unregistered rent agreement over 11 months hold up? Anthony v. K.C. Ittoop & Sons (2000): possession plus rent creates a protected 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 a Landlord Raise Rent During a Pending Appeal?
Tenant keeps commercial unit through endless appeals? Atma Ram Properties v. Federal Motors (2004) permits market-rate stay terms after an eviction decree.
12 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
What Counts as Mental Cruelty in Divorce?
Does refusing children or long separation prove mental cruelty? In Samar Ghosh v. Jaya Ghosh (2007), the Supreme Court restored the divorce decree.
11 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