Rights of a de facto shebait to sue- Analysis
The rights of a de facto shebait to institute suits on behalf of the deity can be traced to two early decisions of the Privy Council: Mahant Ram Charan Das…
Dispossession and Discontinuance- Difference
Dispossession connotes an ouster; it involves a situation where a person is deprived of her/his possession with the coming of another person into possession. Dispossession implies deprivation of a right…
Property vested in a deity and property as a deity
There is a significant distinction between property vested in a foundation (as in Roman law) or a deity as a juristic person (as in Hindu Law) and property per se…
Seth Hukum Chand v Maharaj Bahadur Singh- the Dispute on ‘Shikharji’
In Sir Seth Hukum Chand v Maharaj Bahadur Singh, the dispute concerned two sects of the Jain community with regard to the rights of worship of a hill of 25…
Adverse possession- In Brief
In the eye of law, an owner would be deemed to be in possession of a property so long as there is no intrusion. Non-use of the property by the…
How to mortgage if there are co-sharer in the property?
The law has been explained in the case ‘Byjnath lall v. Ramodeen Chowdry (1874)’ and the decision was further affirmed by Indian courts in various cases. Facts of the Case…
Is it compulsory to register Hibanama (gift deed)?
Under s. 147 of the Principles of Mahomedan Law by Mulla, 19th Ed., Edited by Chief Justice M. Hidayatullah, visages that writing is not essential to the validity of a…
Right of the creditors against the heirs of Muslim dying intestate
The estate of a muslim dying intestate devolves under the Islamic law upon his heirs at the moment of his death i.e. the estate vests immediately in each heir in…
Is the custom excluding the muslim daughter from inheritance valid?
The answer of this question was given by Jammu & Kashmir High Court in the case of Ghulam Hassan vs Mst. Saja on 25 May, 1983. The present case was…
Wakf by User- Can the use of any property from time immemorial create wakf?
The answer was given by Punjab and Haryana High court in the case of ‘Dwarka Das v. Punjab Wakf Board, 1990’. In the case, a situation arose when the plaintiff-appellant…