Property & Succession Archives - Lawwatch : Legal Resources for Learners

Principles to Prove Execution & Validity of a Will: SC

By K Rajasekharan 12 February 2025Property & Succession

The Supreme Court (SC) has laid down following requirements for the execution of a valid Will, under Section 63 of the Indian Succession Act, 1925 (ISA), in Meena Pradhan & Others v Kamala Pradhan & Another [2023INSC847].

Prove Readiness & Willingness to Claim Specific Performance

By K Rajasekharan 31 December 2024Property & Succession

The plaintiff in a suit for specific performance of a contract must provide direct, specific, and accurate pleadings that he is willing and ready to perform his obligations in the contract and such pleadings must be proved with evidence, says the Supreme Court ( SC) in P. Ravindranath & Anr. v. Sasikala & Ors [2024 INSC 533].

Suits for Recovery of Tittle to be filed within 3 Years, not 12 Years

By K Rajasekharan 22 December 2024Property & Succession

The period of limitation for trying to regain title and recover the possession of the suit property by seeking to get the sale deed set aside would be three years, but not twelve years, says the Supreme Court (SC) in its judgement in Mallavva & Anr. v Kalsammanavara Kalamma (Since Dead) By Legal Heirs & Ors. [ 2024 INSC 1021.

Right of the Legal Heir over the Nominee on a Bank Deposit

By K Rajasekharan 20 December 2024Property & Succession

Who is the legitimate claimant when the bank deposit/insurance amount of a deceased person is claimed simultaneously by both the nominee on the one hand and the legal heir on the other? The laws have no specific provision to differentiate between legitimacy of a nominee and a legal heir in receiving the deposit/insurance amount of the deceased person. But a few case laws shed light on the issue.

Children of a Void Marriage entitled for Inheritance under HMA

By K Rajasekharan 3 December 2024Property & Succession

Even if the second marriage of a Hindu under Hindu Marriage Act is held to be void, the children born out of the void wedlock are also entitled for terminal benefits of the deceased, says Kerala High Court in Anita v Kerala State Civil Supplies Corporation Ltd.

Process of Mutating a Property Devolved on a Will

By K Rajasekharan 29 November 2024Property & Succession

The High Court of Kerala, in paragraph 17 of the judgement, in Babu R v State of Kerala [2024:KER:84934] on the above findings, formulated guidelines to be followed by the Revenue Officers under the Transfer of Registry rules (TR Rules) while considering the mutation) of the property on the basis of Will or testamentary succession.

Attachment & Sale of a Property in Execution of a Decree

By K Rajasekharan 27 November 2024Civil law, Property & Succession

One of the modes of execution of a decree of a civil court is either by attachment and sale, or by sale without attachment, of any property. The provisions relating to sale of property in an execution proceeding are Sections 65 to 73, and the Rules 64 to 94 of the Order 21, of the Civil Procedure Code, 1908 (CPC). The Chapter VIII of the Civil Rules of Practice Kerala state the procedural matters relating to execution. The provisions cover both movable and immovable properties.

Grounds on which Gift can be Revoked

By K Rajasekharan 26 November 2024Property & Succession

A valid gift, which cannot normally be revoked, can be revoked under specified eventualities enumerated in Section 126 of the Transfer of Property Act 1882, says the Supreme Court (SC) in Tajuddin v Tamil Nadu Khadi and Village Industries Board (2024 (6) KLT SN 14 SC].

Guidelines on Service of Summons to Indians residing Outside India

By K Rajasekharan 17 November 2024Property & Succession

In regard to service of summons to Indian residing outside India, a Three Judge Bench of the High Court of Kerala laid down the following conclusions in Charuvila Philipose Sundaran Pillai & Another v P. N. Sivadasan & Other.

Different Categories of Possession of Immoveable Property

By K Rajasekharan 17 November 2024Property & Succession

Possession, in regard to immoveable property, can be classified into ten categories and they are listed with a brief description of each category.

Limitation in Specific Performance starts from Date fixed for the Performance

By K Rajasekharan 17 November 2024Property & Succession

The limitation period for a specific performance suit will run from the date fixed for the performance of the contract but not from the expiry of the validity of the agreement., says the Supreme Court (SC) in Usha Devi & Others v Ram Kumar Singh & Others [2024 INSC 599].

Partition Comes to fore after Resolving Dispute on Will

By K Rajasekharan 3 November 2024Property & Succession

The succession process cannot go forward without a determination of the dispute regarding the Will, says the Supreme Court (SC) in Dinesh Goyal @ Pappu v Suman Agarwal (Bindal) & Others [ 2024 INSC 726].