Family & Property blog
A home. An inheritance. The people closest to you. Explore the decisions behind the disputes that get personal.
Family & Property
Can a Builder Sell Open Parking Separately?
Can a builder sell open parking separately? In Nahalchand Laloochand v. Panchali Society (2010), SC held stilt/open parking is common area, not sellable.
10 min read
Family & Property
Can a Live-In Partner Claim Maintenance?
Can a live-in partner claim maintenance like a wife? The Supreme Court in Chanmuniya v. Virendra Kumar Singh Kushwaha (2010) guides Section 125 CrPC.
11 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
Can a Deceived Second Wife Claim Maintenance?
A second wife duped by concealment of a subsisting first marriage can claim maintenance under Section 125 CrPC (Badshah v. Urmila Badshah Goose 2013).
10 min read
Family & Property
Are False Police Complaints Mental Cruelty?
Can false police complaints be mental cruelty? In K. Srinivas Rao v. D.A. Deepa (2013), the Supreme Court granted the husband a divorce on that ground.
10 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
Family & Property
Can a Father Lose Custody of a Child Under Five?
Does income decide a custody fight? Roxann Sharma v. Arun Sharma, [2015] 2 S.C.R. 572: custody of a child under five ordinarily stays with the mother.
10 min read
Family & Property
Is Forcing a Husband Away From Parents Cruelty?
Does pressuring a husband to leave his parents count as cruelty? In Narendra v. K. Meena, the Supreme Court restored divorce under Section 13(1)(ia).
8 min read
Family & Property
Can You Skip the 6-Month Mutual Divorce Wait?
Can you skip the 6-month wait in mutual divorce? Amardeep Singh v. Harveen Kaur (2017) says yes if the marriage is beyond repair and every term is settled.
10 min read
Family & Property
Can a Builder Force Homebuyers Into Arbitration?
Can a builder force you into arbitration? In Emaar MGF Land Ltd. v. Aftab Singh (2018), SC held consumer complaints for deficiency override arbitration.
9 min read
Family & Property
Are Homebuyers Financial Creditors Under the IBC?
Stuck with a delayed flat? In Pioneer Urban Land v. Union of India (2019), the Supreme Court held flat buyers are financial creditors under the IBC.
11 min read
Family & Property
Can Adverse Possession Be Used to File a Suit?
Used land for 12 years? In Ravinder Kaur Grewal v. Manjit Kaur (2019), the Supreme Court held adverse possession can be used to sue under Article 65.
11 min read
Family & Property
Do Tax and Electricity Bills Prove Land Ownership?
Do property tax and electricity bills make you the owner? In Poona Ram v. Moti Ram (2019), the Supreme Court said no; settled possession is essential.
7 min read
Family & Property
Can You Get a Full Refund for Delayed Possession?
Delayed flat possession? In Pioneer Urban Land v. Govindan Raghavan (2019), the Supreme Court upheld a full refund with 10.7% simple interest to a buyer.
10 min read
Family & Property
Can Parents Evict a Daughter-in-Law From Home?
Can parents evict a daughter-in-law? In S. Vanitha v. Deputy Commissioner (2020), the Supreme Court said summary eviction cannot defeat her home claim.
13 min read
Family & Property
Can a Wife Live in Her In-Laws' House?
Can a wife stay in her in-laws' home if her father-in-law owns it? Satish Chander Ahuja v. Sneha Ahuja (2020) says yes if domestic violence is proved.
10 min read
Family & Property
Can Homebuyers Use Both Consumer Court and RERA?
Gurgaon flat stuck unfinished? Imperia Structures v. Anil Patni (2020) says RERA does not bar a consumer complaint against a defaulting builder for delay.
8 min read