Tag: Legal Heirs

Supreme Court Rules on Loan Disguised as Property Deal, Protects Homeowner from Forced Sale
6Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules on Loan Disguised as Property Deal, Protects Homeowner from Forced Sale

The Supreme Court held that the plaintiff failed to prove the existence of a valid sale agreement, a prerequisite for specific performance under Man Kaur v. Hartar Singh Sangha. The burden of proof was not discharged as the sole evidence was self-serving and key witnesses were not examined. The High Court's reversal of concurrent factual findings was erroneous. Facts Of The Case: The respondents (original plaintiffs) filed a suit for specific performance of an alleged sale agreement dated 12.02.1999, claiming the appellant (defendant) had agreed to sell his house for Rs. 70,000. They asserted having paid Rs. 55,000 as advance and taken possession, subsequently renting the property back to the appellant. The appellant contested the suit, denying any agreement to sell. His defense was that...
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Supreme Court Rules on Oral Family Arrangement: Legal Heirs Can’t Overturn Registered Will
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules on Oral Family Arrangement: Legal Heirs Can’t Overturn Registered Will

The Supreme Court upheld the validity of a registered Will executed by Metpalli Rajanna, recognizing its presumption of genuineness under law. The Court ruled that the burden to disprove the Will lay on the contesting party, which was not discharged. It emphasized that the oral family settlement, supported by possession and revenue records, further validated the Will's distribution of properties. The trial court's decree granting absolute rights to the plaintiff under the Will was restored, overturning the High Court's interference. The judgment reaffirmed the sanctity of registered Wills and family arrangements in property disputes. Facts Of The Case: The case involved a dispute over 4 acres and 16 guntas of land in Dasnapur village between the legal heirs of Metpalli Rajanna. Rajanna, ...
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Legal Heirs Not Substituted in Time? Supreme Court Explains When Entire Appeal Gets Dismissed
14Aug By The Legal ChamberNo Comments
Supreme Court

Legal Heirs Not Substituted in Time? Supreme Court Explains When Entire Appeal Gets Dismissed

The Supreme Court dismissed the appeal, holding that the High Court correctly rejected the applications for condonation of delay and substitution of legal representatives of the deceased appellant. The Court ruled that the second appeal abated entirely as the decree was joint and indivisible, and non-substitution of the deceased appellant's legal representatives would lead to inconsistent decrees. The Court clarified that Order XLI Rule 4 of the CPC does not override the abatement principles under Order XXII, especially when the appeal was jointly filed by all appellants. The judgment emphasized that abatement is inevitable if the decree is based on common grounds and its reversal would create conflicting outcomes. Facts Of The Case: The case arose from Civil Suit No. 13 of 1983 (r...
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Landmark Ruling: Supreme Court Ends Gender Bias Tribal Women Now Have Equal Rights to Ancestral Property!
13Aug By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Ends Gender Bias Tribal Women Now Have Equal Rights to Ancestral Property!

The Supreme Court ruled that in the absence of any established custom or law governing inheritance for Scheduled Tribes, the principles of justice, equity, and good conscience under Section 6 of the Central Provinces Laws Act, 1875 must apply. The Court held that denying tribal women equal inheritance rights violates Article 14 (right to equality) of the Constitution, as discrimination based on gender lacks a rational nexus. The judgment overruled the lower courts’ dismissal of the claim, affirming that legal heirs of tribal women are entitled to an equal share in ancestral property unless a contrary custom is proven. Facts Of The Case: The case involved a dispute over the inheritance rights of a tribal woman, Dhaiya, belonging to the Gond Scheduled Tribe in Chhattisgarh. The appellants,...
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Death of a Partner Doesn’t End Business: Supreme Court Rules in Favor of Reconstituted Firm
22Jul By The Legal ChamberNo Comments
Supreme Court

Death of a Partner Doesn’t End Business: Supreme Court Rules in Favor of Reconstituted Firm

The Supreme Court upheld the Calcutta High Court’s decision, ruling that a partnership firm does not automatically dissolve upon a partner’s death if the partnership deed permits continuation with surviving partners. The Court held that Indian Oil Corporation (IOCL) could not arbitrarily stop kerosene supply without terminating the dealership agreement. It clarified that reconstitution of the firm does not require all legal heirs to join, emphasizing IOCL’s obligation to act fairly as a state instrumentality. The judgment reinforced that contractual terms and partnership deeds override rigid policy guidelines in commercial disputes. Facts Of The Case: The case involved a dispute between Indian Oil Corporation Limited (IOCL) and M/s Shree Niwas Ramgopal, a partnership firm operating as a ...
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Legal Heir or Tenant? : Supreme Court Decides on Protracted Property Battle in Kerala
7Jun By The Legal ChamberNo Comments
Supreme Court

Legal Heir or Tenant? : Supreme Court Decides on Protracted Property Battle in Kerala

The Supreme Court dismissed an appeal challenging the impleadment of a party in execution proceedings, holding that the application for deletion was barred by res judicata as objections were not raised earlier. It ruled that a decree for specific performance implicitly includes possession unless contested by a third party. The Court rejected claims of tenancy rights under the Kerala Rent Control Act due to lack of evidence and upheld the lower courts' findings, emphasizing that frivolous pleas cannot delay execution. Costs of ₹25,000 were imposed for protracting litigation. The Executing Court was directed to ensure possession is handed over within two months Facts Of The Case: The case originated from a 1996 agreement to sell between the original plaintiff (Prakasan) and defendant (Jame...
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Supreme Court Rejects Salary Cut: Widow, Kids, and Parents Get Full Compensation in Fatal Truck Accident Case”
21May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rejects Salary Cut: Widow, Kids, and Parents Get Full Compensation in Fatal Truck Accident Case”

The Supreme Court restored the Tribunal’s compensation award for the family of a deceased truck driver, rejecting the High Court’s reduction of income from ₹10,000 to ₹4,076 per month. Citing Ramachandrappa v. Royal Sundaram Alliance, it upheld ₹10,000 as justified wages for 2014. The Court also affirmed loss of consortium for children and parents under Somwati v. New India Assurance, stressing equitable apportionment. The judgment reinforces fair compensation principles in motor accident claims, emphasizing statutory and precedential rights of dependents. Facts Of The Case: The case involved a fatal motor accident where a truck driver, aged 28, was hit and killed by another negligently driven truck while he was boarding his parked vehicle. The deceased’s legal representatives—his wido...
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Supreme Court Clarifies Dependency Rights in Accident Claims: Key Takeaways on Legal Heirs & Dependency
17May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Dependency Rights in Accident Claims: Key Takeaways on Legal Heirs & Dependency

The Supreme Court upheld the High Court's decision denying enhanced compensation to the married daughter (Appellant No. 1) under the Motor Vehicles Act, 1988, as she failed to prove financial dependency on the deceased. However, it reversed the dismissal of the mother’s (Appellant No. 2) claim, awarding her ₹19.22 lakhs, recognizing her dependency and applying principles from Pranay Sethi and Sarla Verma for just compensation. The ruling clarified that legal heirs must establish dependency for loss-of-income claims, except under Section 140’s no-fault liability. Facts Of The Case: On January 26, 2008, Smt. Paras Sharma died in a road accident when a Rajasthan Roadways bus, negligently taking a sudden right turn, crushed her two-wheeler. Her married daughter (Appellant No. 1) and elderly ...
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