The Sale of Indivisible Property under the Partition Act

Posted inProperty & SuccessionNo Comments
Partition suits unfold in two key steps. First, a Preliminary Decree determines everyone's legal percentages. Second, a Court-appointed Commissioner inspects the property to see if it can be physically split. With compact or complex structures—like a single house, a tight commercial shop, or an irregular plot—a physical division is rarely practical.

Court Fee Is Payable on the Principal Relief, Not the Ancillary Relief: Kerala High Court

Posted inCivil Cases & ProceeduresNo Comments
In Madathil Pakruti v. T.P. Kunjanandan [2025: KER:80993], the Kerala High Court has held that where a suit challenges multiple documents relating to the same property, a declaratory relief against a subsequent document — whose fate depends entirely on the outcome of the challenge to an earlier document — is merely ancillary. The Court fee in such case need be computed only on the principal relief, in terms of the proviso to Section 6(1) of the Kerala Court Fees and Suits Valuation Act, 1959.

A Grama Panchayat is Entitled to Cut or Remove a Tree or its Branch only When it Poses an Imminent Danger.

Posted inLocal Government LawsNo Comments
The High Court of Kerala, in Gopinath R v. Ombudsman for Local Self Government Institutions ([2026: KER: 44156]), observed that Section 238 of the Kerala Panchayat Raj Act, 1994, empowers a Grama Panchayat to cut or remove any tree, branch, portion, or fruit if it is likely to fall and endanger any person, structure, or cultivation.

Drafting Argument Notes or Written Submissions for Final Hearing: A Guide

Posted inArticlesNo Comments
Always keep written arguments simple, plain and effective. It is better not to write like an articulate lawyer. Rather it is always well paying if you try to make the note simple enough in such a way that a stranger could read and understand it. Use a style which is clear, concise and focused. Use language that is active, all-inclusive (covering every aspect), and visual (that provides a mental picture) in such a way it gives the readers a vivid picture of the things with colour, context and action.

Wife Cannot Be Denied Half Share in Joint Property by Claiming Husband Paid the Purchase Amount

Posted inMatrimonial and Maintenance CasesNo Comments
While allowing a wife's appeal challenging the Family Court's order declaring her husband as the absolute owner of the property purchased in their joint names, the Kerala High Court, in A v. B. and Another [2026:KER:54162], has held that the property in joint names cannot be claimed by the husband alone on the ground of paying the entire amount, unless there is evidence to show that the property was held on trust or that the property was fraudulently purchased in the name of one spouse.