Property & 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.

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].

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.

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

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].

A conjoint reading of Sections 17, 18, 32, 34 and 35 enjoins to the clear inference that upon a document, which is compulsorily registerable as provided u/s 17, the registering authority, upon satisfying himself that the document is presented by the proper person and being satisfied with the same as per the provision provided u/s 34 is bound to admit the document for registration, unless contrary to the aforesaid provisions unfolds, which alone could cause the registering authority to deny execution of the document, says the Supreme Court (SC) in Satya Pal Anand v State of Madhya Pradesh & Others.

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.

If the attachment of the judgment debtor's property takes place during the execution proceedings, then the executing court shouldn't order the sale of the whole property when the part of the property could satisfy the decree, the Supreme Court says in Bhikchand S/O Dhondiram Mutha (deceased) thru LR’s v Shamabai Dhanraj Gugale (Deceased) [2024 INSC 411].

n proving that an executant in a sale deed is of sound mind, mere production of a medical certificate is not enough while determining the mental state at the time of the execution of a sale deed, and capacity of the executant, but the opinion of the doctor who treated the executant brought on record by examining and cross examining him in the court is necessary, the High Court of Kerala states in Kunhalima vs Mahammed [2024(3)KHC SN 15(Page No 70].