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Adverse possession

NEELAM GUPTA & ORS. versus RAJENDRA KUMAR GUPTA & ANR.

The registered sale deed dated 04.06.1968 conveyed ownership to the plaintiff; the appellants failed to prove adverse possession for the prescriptive period and their evidence showed only permissive possession (adhiyadar), so the suit was not barred by limitation under Article 65 and the High Court correctly decreed recovery of possession for the plaintiff; sale deeds were not void for minority or benami on the facts.

Source excerpt

  • Joint hindu family property
  • Bhumiswami rights
  • Animus possidendi
  • Permissive possession
  • Prescriptive period
  • Sale deed
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Property law

SAMITTRI DEVI AND ANR. versus SAMPURAN SINGH AND ANR.

Suit filed before the Benami Transactions (Prohibition) Act, 1988 is not barred by Section 4; notice sent by postal certificate to respondent no.1 supports presumption of service, making respondent no.1 not a bona fide purchaser without notice; appellant no.1 established purchase from her own funds, entitling declaration of ownership and permanent injunction.

Source excerpt

  • Benami transactions (prohibition) act 1988
  • Presumption of service under evidence act
  • Ownership dispute
  • Permanent injunction
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.