Property & Succession

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].

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].

Income Tax from Long Term Capital Gains (LTCG) is exempted under Section 54 of the Income Tax Act in case a taxpayer sells his residential house and acquires another residential house from the sale proceeds.

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.

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.

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.

When a person approaches a court for specific performance of an agreement in regard to a sale of immoveable property, the person must have performed or has been ready and willing to perform his obligation as a buyer as part of the agreement, under Section 16 of the Specific Relief Act, 1963 (SRA).

In partition cases, the Supreme Court (SC) says that the trial court can suo motu initiate final decree proceedings, after drawing up the preliminary decree henceforth. This would bridge the inordinate delay between preliminary decree and final decree in many cases.

Attachment creates no charge or lien upon the attached property. It merely prevents and avoids private alienations. It does not confer any title on the attaching creditors. There is nothing in any law which makes the attaching creditor a secured creditor or creates any charge in his favour over the property attached. A charge on the other hand creates no interest in or over a specific immovable property, but is only a security for the payment of money.

The Section 17 (1)(g) of the Registration Act 1908 added by a state amendment by Kerala stipulates that registration is required for a power of Attorney (PoA) meant for transaction of immoveable property except by those executed by some specified close relatives as stated below.