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Showing posts with the label Property Rights

Supreme Court Rejects Appeal for Son's Eviction: Balancing Family Cohesion and Senior Citizens' Rights

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Supreme Court Rejects Appeal for Son's Eviction: Balancing Family Cohesion and Senior Citizens' Rights Author: Abhishek Jat, Advocate  In a landmark judgment delivered on March 27, 2025, the Supreme Court of India dismissed an appeal seeking the eviction of an eldest son from his parents' house, highlighting the delicate balance between protecting senior citizens' rights and preserving family unity. The Division Bench comprising Justice Pankaj Mithal and Justice SVN Bhatti poignantly observed that "the very concept of 'family' is being eroded and we are on the brink of one person one family," despite India's cultural ethos of "Vasudhaiva Kutumbakam." Background of the Case The case involved an elderly couple who had multiple children, including three sons and two daughters. The father, who owned a house and three shops, had distributed parts of his property among his daughters and son-in-law through gift and sale deeds. However, dis...

Key Doctrines Under the Transfer of Property Act, 1882

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  Key Doctrines Under the Transfer of Property Act, 1882 By Abhishek Jat, Advocate The Transfer of Property Act, 1882 (TPA) , serves as the backbone of property law in India, guiding transactions related to immovable and movable assets. This legislation provides clarity on ownership rights, obligations, and the legal framework governing property transfers. While the Act contains numerous provisions, certain doctrines stand out due to their significance in shaping judicial interpretations and protecting the rights of parties involved in property transactions. Here, we explore some of the most essential concepts under the TPA, offering practical insights into their legal implications. 1.      Restrictive Covenants on Property Use (Sections 10, 11, 12)- While partial restrictions on property alienation are allowed, absolute prohibitions are generally void. For example, a clause stating that a property can never be sold is invalid, but a condition requiring the ...