High Court Updates

Every New Housing Project Must Be Registered With Local Revenue Authority On Buyer Paying 20% Cost : Supreme Court

To protect the interests of homebuyers, the Supreme Court has mandated that all residential real estate transactions for new housing projects must be registered with local revenue authorities once the buyer/allottee has paid a minimum of 20% of the property’s cost. Additionally, the Court specified that contracts which significantly diverge from the Model RERA Agreement …

Every New Housing Project Must Be Registered With Local Revenue Authority On Buyer Paying 20% Cost : Supreme Court Read More »

Agreement To Sell, General Power Of Attorney Won’t Confer Title In Property : Supreme Court Reiterates..

The Supreme Court on September 1 reaffirmed that the title to immovable property cannot be transferred without a registered sale deed. The bench, consisting of Justices Aravind Kumar and Sandeep Mehta, set aside a decision made by the Delhi High Court. The High Court had upheld a trial court’s order that granted possession, a mandatory …

Agreement To Sell, General Power Of Attorney Won’t Confer Title In Property : Supreme Court Reiterates.. Read More »

A recent judgment by the Delhi High Court has established that a husband’s home loan responsibilities and obligations towards his parents can be factored in when determining the maintenance amount.

Friday, the Delhi High Court reduced the maintenance previously awarded to a man’s estranged wife and child. The court took into account his financial obligations, including the repayment of a home loan and his responsibilities toward his parents. Justice Neena Bansal Krishna stated that “the maintenance amount must be determined in a balanced manner—one that …

A recent judgment by the Delhi High Court has established that a husband’s home loan responsibilities and obligations towards his parents can be factored in when determining the maintenance amount. Read More »

In The High Court Of Judicature At Allahabad

Tenant’s Remedies Available When Sarfaesi Proceedings Are Initiated While His Tenancy Is Still Valid: Allahabad High Court Describes

The remedies available to a tenant in the event that legal action is taken under Section 14 of the SARFAESI Act while the tenant’s tenancy is still in effect have been clarified by the Allahabad High Court. The Bench of Justices Siddhartha Varma and Shekhar B. Saraf clarified in that regard that two of the …

Tenant’s Remedies Available When Sarfaesi Proceedings Are Initiated While His Tenancy Is Still Valid: Allahabad High Court Describes Read More »

High Court Shouldn’t Have Halted The Probe And Given Indiabulls Officers Absolute Protection From Arrest: Supreme Court Dismisses Relief.

On February 13, the Supreme Court overturned the temporary protection afforded to officers of Indiabulls Housing Finance Ltd. in a formal complaint filed in response to the Director of Shipra Estate’s complaint, and the Enforcement Directorate’s ensuing inquiry. The criminal procedures were stayed by the Allahabad High Court last year, shielding the policemen from arrest. …

High Court Shouldn’t Have Halted The Probe And Given Indiabulls Officers Absolute Protection From Arrest: Supreme Court Dismisses Relief. Read More »

Failed Redevelopment Cannot Take Away Senior Citizens’ Fundamental Rights Regarding Their Shelter Entitlement: Bombay High Court

The Bombay High Court noted that an unsuccessful or postponed reconstruction cannot violate the fundamental rights of senior residents regarding their access to shelter. An elderly woman who was a member of Navin Manju Co-operative Housing Society Ltd. filed a writ case with the court in 2019. She claimed that her flat had been abandoned …

Failed Redevelopment Cannot Take Away Senior Citizens’ Fundamental Rights Regarding Their Shelter Entitlement: Bombay High Court Read More »

Children Are Not Entitled To Exclusively Own Or Possess Their Parents’ Property Throughout Their Lives: Bombay HC

The Bombay High Court ruled that children could not lawfully claim exclusive possession or ownership of their parents’ property while they were alive. The son’s petition against the Senior Citizens Maintenance Tribunal’s (Tribunal) order to leave his mother’s tenement was denied by the court. In order to secure the well-being of senior citizens, the Maintenance …

Children Are Not Entitled To Exclusively Own Or Possess Their Parents’ Property Throughout Their Lives: Bombay HC Read More »

The Bombay High Court Fines Slum Developer ₹1 Lakh For Allocating Rehab Housing Projects Without Permission And Avoiding The Lottery-based Allocation Process.

Developer Accord Builders was recently hit with an exemplary cost of Rs. 1 Lakh by the Bombay High Court for allotting a rehab tenement without holding a lottery in front of an assistant registrar of cooperative societies from the Slum Redevelopment Authority (SRA). The SRA’s Slum Rehabilitation Program in Kurla, Mumbai, is at the center …

The Bombay High Court Fines Slum Developer ₹1 Lakh For Allocating Rehab Housing Projects Without Permission And Avoiding The Lottery-based Allocation Process. Read More »

Based Only On Their Relationship, A Son Cannot Claim The Right To Reside In A Building That Is Solely Owned By His Father – Patna HC

The Patna High Court’s division judge bench ruled that the son’s relationship with his father does not give him the right to live in a structure that is solely his property. According to the case’s factual matrix, respondent (the father of appellant No. 1) owned the rent house where appellant Nos. 1 and 2 were …

Based Only On Their Relationship, A Son Cannot Claim The Right To Reside In A Building That Is Solely Owned By His Father – Patna HC Read More »

HC Clarifies That An Able-bodied Person Cannot Avoid Providing His Wife With Maintenance On The Grounds That He Lacks The Income To Do So

The Himachal Pradesh High Court partially granted a petition filed by the petitioner to quash and set aside an order dated 20.8.2022, issued by the learned Principal Judge Family Court, Shimla, in which the respondent was granted ₹5,000/-per month in maintenance under Section 125(1) of the Cr.P.C. for interim maintenance. The respondent’s argument that he …

HC Clarifies That An Able-bodied Person Cannot Avoid Providing His Wife With Maintenance On The Grounds That He Lacks The Income To Do So Read More »

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