SK Law House Legal Articles
Law updates, legal guidance, and practical articles for clients and readers of `sklawhouse.com`.
Articles tagged #PropertyLaw
Temple Property Must Be Recorded Solely in Deity's Name in Revenue Records, Not Hereditary Trustee's Name: Madras High Court Madurai Bench
In Executive Officer, Arulmighu Mutharamman Thirukovil, Palayamkottai v. Commissioner of Land Administration, Justice K. Kumaresh Babu ruled that revenue records must reflect only the temple Deity's name as perpetual minor, striking out trustee names and correcting 'Natham Private' entries.
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Speedy Eviction Under Tamil Nadu New Tenancy Act: Madras High Court Directs Rent Court to Dispose of RLTOP Within Six Weeks
In G. Gopalakrishnan v. Gnanaselvi & Another (CRP No. 6933 of 2026, decided on 05.11.2026), Justice N. Anand Venkatesh of the Madras High Court exercised superintendence jurisdiction under Article 227 of the Constitution and directed the District Munsif Court, Tambaram (Rent Court) to dispose of RLTOP No. 32 of 2024 within a strict period of six weeks.
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Title Deed Deposit Refused as Unapproved: Madurai Bench Checks the Planning Approval
The Madurai Bench set aside a refusal check slip after the record showed that the local planning authority had approved the property or building.
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Refusal Check Slip, Reasoned Order and Section 72 Appeal: Madras High Court Explains the Steps
The Division Bench set aside a direction to register a power of attorney and allowed the presenter to pursue the statutory appeal.
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Auction Sale Certificate and Police Objection: Madras High Court Permits Re-presentation
The High Court permitted re-presentation of a sale certificate with objections and documents and directed a reasoned order if registration was refused.
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Settlement Deed Based on an Unregistered Will: Madras High Court Upholds Limited Enquiry
The Division Bench upheld a limited enquiry after the Sub Registrar issued a refusal slip for a settlement deed relying on an unregistered will.
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New Sale Deed With a Different Claimant Requires Fresh Online Filing: Madurai Bench
The Madurai Bench upheld the refusal in this case because the deed was fresh and the claimant differed from the earlier presentation.
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Supreme Court Upholds Restoration of Roadside Land Allotment to Original Tenure Holders
The Supreme Court upheld interference with a roadside land allotment that displaced original tenure holders without adequate reasons.
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Son Has No Right by Birth in Father's Partitioned Share: Supreme Court Dismisses Minor's Partition Suit Under Section 8 Hindu Succession Act
In J. Rajesh (Minor) v. M. Kumaran (Dead) & Others (2026 INSC 1208, decided on 06.11.2026), the Supreme Court affirmed that when property devolves upon Class I heirs under Section 8 of the Hindu Succession Act, 1956 and is partitioned, a son takes his divided share as absolute individual property and his son (grandson) acquires no right by birth during his father's lifetime.
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Unregistered and Insufficiently Stamped Release Deed Admissible for Collateral Purpose in Partition Suit Upon Impounding: Madras High Court
In Dilli & Others v. Jothi (CRP No. 4690 of 2026, decided on 03.11.2026), Justice N. Anand Venkatesh of the Madras High Court modified an order of the Sub Court, Chengalpattu, holding that while an unstamped document is generally barred under Section 35 of the Stamp Act, the Trial Court in a partition suit can impound an unregistered release deed, collect stamp duty with penalty, and admit it for collateral purpose.
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Suit to Cancel Gift Deed Barred by Limitation After Three Years: Supreme Court Rules Period Runs from Knowledge of Deed, Not Cessation of Undue Influence
In D. Kalidasreddy & Another v. Chennamma (K. Bharathi) (2026 INSC 1209, decided on 29.10.2026), the Supreme Court reversed concurrent decrees of three lower courts and dismissed a daughter's suit filed after 23 years to cancel a 1974 registered gift deed executed in favor of her father, holding that under Article 59 of the Limitation Act, 1963, limitation begins when the donor has knowledge of the true nature of the instrument, not when parental influence ends or profits cease.
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Nilaviyal Pathai in Patta Land Is Not Government Property: Madras High Court Quashes Eviction Notice, Holds RSO 26(15) Expropriation Ultra Vires, and Imposes Costs on Tahsildar
In a landmark 55-page verdict in Periyasamy & Another v. The District Collector, Salem (2026:MHC:4244, W.P. No. 23649 of 2026, decided on 15.10.2026), a Division Bench of the Madras High Court quashed a Section 6 eviction notice, held that Revenue Standing Order 26(15) declaring plan-marked pathways in private patta lands as Government property without due process is ultra vires Article 300-A, granted landowners the right to realign field pathways, and slapped token costs on the Tahsildar.
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Handwritten Will Remains Valid Despite Corrections and Different Ink: Madras High Court | 2026:MHC:3288
The Madras High Court upheld a 12-page handwritten will, ruling that minor corrections, different ink and non-registration are not suspicious when handwriting, signature and due attestation are proved.
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Madras High Court Strikes Down Section 34-C of Registration Act: Sub-Registrar Cannot Decide Property Title
The Madras High Court Madurai Bench has struck down Section 34-C of the Registration Act, 1908, inserted by the Tamil Nadu Amendment Act, 2026. The Court held that Sub-Registrars cannot decide title, insist on mortgage NOC, block registration due to sale agreement, or act like Civil Courts in property registration matters.
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Registered Partition Deed Cannot Be Cancelled by Mere Allegation of Mental Illness: Madras High Court
The Madras High Court upheld a registered family partition deed after finding that the executant’s alleged mental incapacity was not proved. The Court also held that legal heirs challenging documents executed by their predecessor must seek cancellation and pay court fee on the document’s value.
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Old Death, No Records? Tahsildar Must Still Decide Legal Heirs on Available Evidence: Madras High Court
The Madras High Court has ruled that when a legal heir certificate is sought many years after death, the Tahsildar must determine the heirs through available documents, affidavits and local enquiry. In the absence of rival claims, the application cannot be rejected merely because every historical fact is no longer capable of verification.
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Ignoring Mutation Notice Can Defeat Probate Challenge: Supreme Court Rules Revocation Plea Time-Barred
The Supreme Court has held that a party who receives notice of mutation proceedings but deliberately fails to investigate the competing claim may be deemed to have constructive notice. Applying Article 137 of the Limitation Act, the Court dismissed a probate revocation application filed nearly nine years after such notice as hopelessly time-barred.
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Madras High Court Sets Aside Land Acquisition Compensation Award Over Outdated Valuation
Madras High Court sets aside arbitral award in land acquisition case, holding reliance on outdated guideline value as illegal and orders fresh compensation determination.
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Patta Transfer Delay in Vandavasi Taluk: Madras High Court Mandates Tahsildar to Dispose of Application Within Twelve Weeks
In K. Kumar v. The Tahsildar, Vandavasi Taluk (W.P. No. 8412 of 2026), the Madras High Court issued a Writ of Mandamus directing the Tahsildar, Vandavasi Taluk, Tiruvannamalai District, to consider the petitioner's statutory application for patta transfer on merits and pass final speaking orders within a strict deadline of 12 weeks after conducting a due inquiry.
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