PROPERTY DISPUTES

EVEN IF YOU PURCHASE A PROPERTY UNDER THE INNOCENT BELIEF THAT SELLER IS THE OWNER OF THE PROPERTY, THOUGH HE IS NOT, YOU ARE ENTITLED TO GET THE PROPERTY BACK IF THE SELLER BECOMES OWNER AT A LATER DATE: THAT’S WHAT SUPREME COURT HELD IN “JUMMA MASJID, MERCARA VS KODIMANIANDRA DEVIAH”(PART-I)

In these articles we will understand the meaning of the terms like Issueless, Spes Successionis, Absolute Owner of a Property, Life Interest Holder in a Property, Mutation. Also we will know about the rights of a widow without children before Hindu Succession Act and afterwards i.e. today, who is an absolute owner and who is a life interest holder, what is a Separate Property of a person. 

IF A BROTHER GETS HIGHER SHARE ON PARTITION OF HINDU JOINT FAMILY PROPERTY, HE MUST ALSO COMPENSATE HIS SIBLINGS FROM HIS SHARE TO EQUALIZE PARTITION: THAT’S WHAT MADRAS HIGH COURT HELD IN “MANICKAM PILLAI VS AUDINARAYANA PILLAI”

So in order to avoid any future disputes it is better to have a registered Partition Deed or Family Settlement whereby a Charge or Mortgage is created on the property of the sibling who have been more fortunate on Partition.