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Family & Property blog

A home. An inheritance. The people closest to you. Explore the decisions behind the disputes that get personal.

Family & Property

How Do Courts Calculate Maintenance in Divorce?

How is maintenance calculated in a divorce in India? Rajnesh v. Neha (2020) gives the Supreme Court rule on quantum, income disclosure and the start date.

14 min read

Family & Property

Can the government Take Your Land Without Paying?

Vidya Devi v. State of Himachal Pradesh (2020): Supreme Court held State cannot claim adverse possession over land it took for a road without compensation.

8 min read

Family & Property

Can the Government Take Your Land Without Payment?

Can the government take your land before paying? Indore Development Authority v Manoharlal (2020): Section 24(2) lapse needs no possession and no payment.

11 min read

Family & Property

Can You Cancel a Sale Deed Over Unpaid Price?

Can unpaid sale price cancel a registered deed? Dahiben v. Arvindbhai Kalyanji Bhanusali (2020): the Supreme Court says no; recover the balance money.

10 min read

Family & Property

How Much a Builder MUST Pay for a Delayed Flat?

Delayed flat? In Arifur Rahman Khan v. DLF Southern Homes (2020), the Supreme Court refused to let a Rs 5 per sq ft clause cap compensation for gross delay.

9 min read

Family & Property

Can a Seller Keep Token Money and Refuse to Sell?

Seller took token money for a house, then refuses to register? In Sughar Singh v. Hari Singh (2021), the Supreme Court restored specific performance.

10 min read

Family & Property

Can a Court Order a Child's DNA Paternity Test?

Can courts force child DNA tests in adultery divorces? In Aparna Ajinkya Firodia v. Ajinkya Arun Firodia (2023), the Supreme Court says no. See Section 112

9 min read

Family & Property

Can the Supreme Court End a Dead Marriage?

Can the Supreme Court end a dead marriage? Yes, in Shilpa Sailesh v. Varun Sreenivasan (2023), but only as a rare discretion under Article 142(1).

12 min read

Family & Property

Can Government demolish an Accused Person's House?

Can the state bulldoze your home because you are accused? In Re: Demolition of Structures (2024) says no demolition without notice, hearing and 15 days.

10 min read

Family & Property

How Is One-Time Alimony Set for a Short Marriage?

Is there a formula for one-time alimony? In Parvin Kumar Jain v. Anju Jain (2024), the SC fixed Rs. 5 crore for the wife and Rs. 1 crore for the son.

12 min read

Family & Property

Can a Tenant Claim a House After 12 Years?

Can a tenant become owner after 12 years? In Brij Narayan Shukla v. Sudesh Kumar (2024), the Supreme Court said no, tenancy is permissive, never adverse.

8 min read

Family & Property

Can a Divorced Muslim Woman Claim Maintenance?

Can a divorced Muslim woman claim maintenance after iddat? Yes. Mohd. Abdul Samad v. The State of Telangana (2024): Section 125 CrPC stays open to her.

11 min read

Family & Property

Until when can you sue to Cancel a Fraud Sale Deed?

Can a fraudulent sale deed be challenged years later? Prem Singh v. Birbal (2006) fixes the filing windows and restores a time-bar by the Supreme Court.

7 min read

Family & Property

Can a Bank Evict a Tenant After a Flat Auction?

Can a bank evict a tenant after auctioning a flat? In Bajarang Agarwal v. Central Bank of India (2019), the Supreme Court said unregistered oral tenants lose.

8 min read

Family & Property

Can a Jobless Husband Refuse to Pay Maintenance?

Can a husband dodge maintenance because his party plot closed? Anju Garg v. Deepak Kumar Garg (2022) says he must still earn and maintain his wife.

7 min read

Family & Property

Can a Father Will Property Only to His Sons?

Worried a will excludes daughters? Arshnoor Singh v. Harpal Kaur (2019) says genuinely self-acquired land is not coparcenary, but pre-1956 inherited land is.

Updated 10 min read

Family & Property

Is a GPA Property Sale Valid in India?

Worried a GPA sale may not count? Suraj Lamp & Industries v. State of Haryana (2011): only a registered deed of conveyance transfers ownership of title.

Updated 7 min read

Family & Property

Do Void Marriage Children Get an Ancestral Share?

Does a child of a void or second marriage inherit ancestral property? Revanasiddappa v. Mallikarjun (2023) says yes, through the parent's notional share.

Updated 9 min read

Family & Property

Do Live-In Children Get Ancestral Property?

Can a child born to a long-term live-in couple inherit ancestral property? In Kattukandi Edathil Krishnan v. Valsan (2022), the Supreme Court said yes.

Updated 9 min read

Family & Property

Can a Married Daughter Claim Ancestral Property?

Worried your father died before 2005? Vineeta Sharma v. Rakesh Sharma (2020) says a married daughter can still claim coparcenary rights from Sept 9, 2005.

Updated 9 min read