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Mitra SUPREME COURT ON PROPERTY LAWS
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Description
Supreme Court on Property Laws in India – Overview
The Supreme Court of India plays a pivotal role in interpreting and enforcing property laws, shaping the legal framework through landmark judgments. Property laws in India are governed by various statutes such as the Transfer of Property Act, 1882, Indian Succession Act, 1925, Hindu Succession Act, 1956, Registration Act, 1908, Benami Transactions (Prohibition) Act, 1988, and others.
The Court has delivered several landmark rulings on key issues including:
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Right to Property (Article 300A): While the right to property is no longer a fundamental right (after the 44th Constitutional Amendment), the Supreme Court ensures it remains a constitutional legal right, protecting citizens from arbitrary deprivation.
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Inheritance and Succession: The Court has clarified equal rights for daughters in ancestral property (e.g., Vineeta Sharma v. Rakesh Sharma, 2020), ensuring gender equality under the Hindu Succession Act.
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Adverse Possession: It has defined the legal principles regarding claims of ownership based on adverse possession and the need for open, hostile, and continuous possession.
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Land Acquisition: The Court has ruled on various aspects of compulsory acquisition by the state, emphasizing fair compensation, public purpose, and due process, notably under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.
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Benami Property: The apex court has upheld the constitutional validity of anti-benami laws and supported the state’s right to confiscate properties held in others’ names to curb black money.
The Supreme Court continues to guide the evolution of property rights in India, balancing individual ownership rights with public interest, and resolving complex disputes through judicial interpretation.
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Content
SUPREME COURT ON PROPERTY LAWS – CONTENTS
Chapter 1: Introduction to Property Laws in India
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Evolution of property laws in India
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Constitutional and statutory framework
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Role of the judiciary in property disputes
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Article 300A – Right to Property as a constitutional right
Chapter 2: Transfer of Property Act, 1882 – Judicial Interpretation
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Essentials of valid transfer
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Doctrine of part performance (Section 53A)
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Supreme Court's view on conditional transfers and vested interests
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Case laws interpreting Section 41 to Section 54
Chapter 3: Right to Property – Constitutional Dimensions
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Historical background: From Fundamental Right to Legal Right
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Important cases:
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Kesavananda Bharati v. State of Kerala
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Jilubhai Nanbhai Khachar v. State of Gujarat
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K.T. Plantation v. State of Karnataka
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Public purpose and compensation principles
Chapter 4: Land Acquisition and Compensation
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Principles laid down in:
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Indore Development Authority v. Manoharlal
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State of Haryana v. Mukesh Kumar
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Fair compensation under Land Acquisition Act, 2013
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Rehabilitation and Resettlement issues
Chapter 5: Inheritance and Succession Laws
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Hindu Succession Act, 1956
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Equal rights of daughters – Vineeta Sharma v. Rakesh Sharma (2020)
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Muslim succession principles – judicial clarifications
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Testamentary vs. Intestate succession
Chapter 6: Benami Transactions and Black Money
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Overview of Benami Transactions (Prohibition) Act, 1988
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Supreme Court on Benami property:
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Union of India v. Ganpati Dealcom Pvt Ltd
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Constitutional validity and retrospective effect
Chapter 7: Adverse Possession
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Elements of adverse possession: Open, continuous, hostile
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Landmark judgment: Karnataka Board of Wakf v. Government of India
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Recent rulings tightening adverse possession claims
Chapter 8: Lease, License & Tenancy Issues
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Lease vs. License – Supreme Court tests
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Eviction of tenants – landlord-tenant jurisprudence
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Rent control and fair rent concept
Chapter 9: Easementary Rights and Encroachments
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Rights of way and light
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Unauthorized constructions and SC’s demolition orders
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Environmental protection vs. property rights
Chapter 10: Judicial Trends and Future Outlook
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Trends towards protection of individual property rights
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Balancing state’s power vs. private ownership
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Suggestions for legal reforms
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Digitization of land records and Supreme Court's observations
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