Mutation Entries - The Legal Chamber

Registered Release Deeds Are Binding: Supreme Court Sets New Precedent in Family Partition Case

19Jan

By The Legal ChamberNo Comments

Supreme Court

Registered Release Deeds Are Binding: Supreme Court Sets New Precedent in Family Partition Case

The Supreme Court held that unregistered partition deeds can be used collaterally to prove severance of joint family status and subsequent separate possession. Valid registered release deeds by coparceners are immediately effective to sever their interest, not contingent on being "acted upon," and can create an equitable estoppel against future claims. Facts Of The Case: The case involves a partition suit concerning the joint family property of Pillappa, who died in 1969. The plaintiffs, his sons and daughters, sought division of Schedule A properties (ancestral) and Schedule B properties (purchased jointly in the names of defendant no. 5, a son, and defendant no. 6, a son-in-law). Defendant no. 5 contested, claiming a prior partition between him and plaintiff no. 1 in 1972 via an ...

Supreme Court Backs Landowners: Unused ‘Bachat’ Land Doesn’t Belong to Panchayat

The Supreme Court upheld that lands contributed by proprietors during consolidation proceedings, but not specifically reserved or utilized for common purposes (known as bachat land), do not vest in the Gram Panchayat or the State. Relying on the doctrine of stare decisis and Constitution Bench precedents, the Court affirmed that such land continues to belong to the original proprietors, dismissing the State's appeal. Facts Of The Case: The case originated from a challenge by landowners (respondents) to an amendment made by the State of Haryana in 1992 to the Punjab Village Common Lands (Regulation) Act, 1961. This amendment, via Haryana Act No. 9 of 1992, expanded the definition of "shamilat deh" (village common land) to include lands reserved for common purposes under the consolidation ...

Supreme Court Upholds Anticipatory Bail Rejection, Stresses Timely Bail Hearings

The Supreme Court affirmed the denial of anticipatory bail, emphasizing that custodial interrogation may be necessary to establish complicity and intent, even in cases based on documentary evidence. The Court underscored the gravity of allegations involving abuse of official position. It further issued general directions mandating the expeditious disposal of bail applications to uphold the constitutional right to personal liberty under Articles 14 and 21. Facts Of The Case: Based on a complaint concerning fraudulent property transfer, an FIR was registered in 2019 regarding events from 1996. The core allegation was that a sale deed was executed using forged Powers of Attorney, which were purportedly signed by individuals who were already deceased. This sale deed was then used to mutate l...