Property & Succession

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.

Partition is the division of jointly held properties, along with the associated rights, into different portions and delivery thereof to the respective persons. In partition, the joint ownership comes to an end and the respective parties are vested with their eligible shares.

When a married Hindu woman passes away intestate, the Hindu Succession Act, 1956 treats the inheritance of her estate differentially, based on how she acquired the property.

A minor or child of less than 18 years of age can own any property but cannot sell it or sign a document relating to its sale under Section 11 of the Indian Contract Act, 1872. The property can only be sold by his/her natural guardian or a court-appointed guardian, with the prior permission of the District Court

A transfer of property may be set aside terming it as fraudulent under Section 53 of the Transfer of Property Act, 1882 (“the Act”) if it was made with the intent to defeat, defraud or delay creditors. This applies in cases where the property transferor had any sustaining debt to be paid in instalments at the time of the transfer and he subsequently defaulted in payment, forcing the guarantor of the debt to make payment for borrower’s default. Then guarantor can seek setting aside of the property transfer and recovery of the money he paid against the transferor’s debt.

In the case of Vijayan v. Appukuttan @ Pairaj [2026: KER:8018], the Kerala High Court ruled that a husband — belonging to the Christian faith — convicted of his wife's murder is legally disqualified from inheriting her property, even though the Indian Succession Act, 1925, the law governing his succession, does not explicitly provide for such a disqualification.

In K. Gopi v. The Sub-Registrar & Others [2025 INSC 462], the Supreme Court has held that a Registering Authority under the Registration Act, 1908, is not empowered to refuse the registration of a sale deed on the ground that the executant has failed to produce prior title documents.

The Kerala High Court, in K.M. Cherian v. Ammini [2025:KER:49425] has reiterated the well-established legal principle that a document which is void ab initio (void from the beginning) is a legal nullity (non-est) and does not need to be formally set aside or declared void by a court.

When a husband purchases property using his own funds but registers it in his wife's name, Indian law presumes it to be a gift to the wife, making her the absolute owner. This legal principle is known as the "presumption of advancement."

In Vineeta Sharma v. Rakesh Sharma [(2020) 9 SCC 1], a three-judge bench of the Supreme Court held that daughters acquire coparcenary rights by birth. Consequently, for a daughter to claim these coparcenary rights, her father need not have been alive when the Hindu Succession (Amendment) Act, 2005, came into force.