By Adverse Possession One can Seek Declaration of Title

Adverse possession is a peculiar kind of possession of land where a person not having legal title to the land enters and occupies the land for long period with no continuing permission of the legal owner and the true owner subsequently loses his ownership rights after a legally permissible period of his inaction in recovering the possession from the possessor. The owner might have initially permitted the possessor in entering the land on the basis of a lease or licence.

No Transfer of Property Occurs If the Transferor has no Title

If someone tries to transfer property rights to another person through a legal document but doesn't actually own those rights, the new owner or their successors won't have the legal right to claim those rights from that document, says the Supreme Court in Kizhakke Vatakandiyil Madhavan (D) Thr LRS v Thiyyurkunnath Meethal Janaki [Citation : 2024 INSC 287].

Law relating to Will in a Nutshell

Will is a solemn document executed by a person for planned disposition of his property after his death. If the Will is properly executed it would prevent many future clashes and court cases regarding ownership of property. In the absence of any suspicious circumstances, the presumption of genuineness of the Will would remain undisputed. Even though some infirmities exist they can be wholly neglected.

Right to Buy Property in India by Non-residents

The foreign nationals residing outside India are not eligible to buy properties in India whereas the foreign citizen who is residing in India can buy a property in India without a need for approval from Reserve Bank of India (RBI). Foreign nationals of non-Indian origin resident in India (except those from Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong or Democratic People’s Republic of Korea (DPRK) can acquire immovable property in India.

Cancellation of Gift Deed under Senior Citizens Act

The transfer of property by a senior citizen by way of gift or otherwise can be declared void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens act 2007 (Senior Citizens Act), only when it includes a condition of providing the basic amenities and basic physical needs to him/her, the Supreme Court (SC) has held in Sudesh Chhikara vs Ramti Devi.

Survey Officer can decide Boundaries, but not the Title

Under Section 9 of the Kerala Survey and Boundary Act 1961 (KSBA), the survey officer has the power to determine and record any boundary as undisputed in respect of which no dispute is brought to his notice. However, they cannot decide the question of a disputed title which a court alone can do. This is what the High Court of Kerala says in Thomas and Others v Philip [ 2022 (4) KHC 451].