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Developer Cannot Postpone Society Formation Due to Future Wings I. Case Background In a significant ruling strengthening the rights of flat purchasers, the Bombay High Court has held that the registration of a Co-operative Housing Society (CHS) for a completed wing cannot be deferred until the entire real estate project is completed . The Court set aside the orders passed by the Divisional Joint Registrar (DJR), Co-operative Societies , and the Minister for Co-operation , which had cancelled the registration of a society in Mulund West, Mumbai . II. Facts of the Case The dispute concerned the 360 Degree Business Park Premises Co-operative Society , formed for the Brite Building , a 10-storey commercial structure constructed in 2007 by Brite Tools Pvt Ltd . Key Facts: Full Occupancy Certificate (OC) issued in August 2013 44 units sold by the developer Building fully occupied and functional No society formed by the developer despite completion As a result, 31 ...

Introduction: When Justice Is Delayed Beyond Reason In a significant reaffirmation of its role as the final arbiter of justice, the Supreme Court of India invoked its extraordinary constitutional powers under Article 142 to bring closure to a 35-year-old civil property dispute , ensuring that the successful litigant finally enjoys the fruits of a decree granted in his favour as far back as 1990 . The case highlights systemic delays in civil litigation, abuse of procedural remedies, and the judiciary’s increasing willingness to step in decisively when ordinary legal processes fail. Background of the Dispute: A Sale Agreement from 1973 The litigation traces its origins to 1973 , when Hemchandra Rajaram Bhonsale entered into an agreement to purchase 36 gunthas of land situated in Dhayari village, Pune , from the original owner Rajaram Bajirao Pokale . Despite receiving consideration, Pokale failed to execute the sale deed, compelling Bhonsale to initiate specific performance proceedin...

Background of the Case: Dispute Over the Estate of Hilla Dadysett The Bombay High Court dismissed a caveat filed by Khushroo Behramshaw Mogal , who claimed inheritance rights over the property of late Hilla Dadysett , the last surviving member of an eminent Parsi family in Mumbai. Dadysett passed away on 22 May 2023 , leaving behind a will bequeathing her share in her Kemp’s Corner bungalow, Monte Rosa , valued around ₹250 crore , to charity. Her executors, Hoshang and Rashna Khan , filed a testamentary petition seeking probate of her will and codicils before the High Court. While the probate petition was pending, Mogal filed a caveat , claiming that he was “like a son” to the deceased and relied on an alleged later will dated 23 March 2023 , which he asserted superseded all previous instruments. Allegation of Forged Will and Possible Data Leak The Court noted serious suspicion that Mogal may have gained unauthorized access to confidential documents filed in the pending probate petiti...

Case Title / Court / Bench / Date Case: Writ Petitions filed by Canara Bank Branch Office and Others Court: Allahabad High Court Bench: Justice Rohit Ranjan Agarwal Decision Date: 16 December 2025 Statute Involved: Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 Background of the Case The issue before the Allahabad High Court was whether a landlord can file an eviction application before the Rent Authority under the UP Regulation of Urban Premises Tenancy Act, 2021 , when: No written tenancy agreement was executed, and The landlord failed to furnish tenancy particulars to the Rent Authority. Earlier orders had rejected such eviction applications as non-maintainable , holding that absence of a written tenancy agreement ousted jurisdiction. The petitioners (including Canara Bank) challenged these findings. Key Legal Issue Before the Court Whether the Rent Authority under the UP Tenancy Act, 2021 has jurisdiction to entertain eviction applications in cases where: tenancy...

Introduction In a landmark judgment impacting the transfer and inheritance of tenancy rights, the Bombay High Court held that tenancy rights cannot be bequeathed through a will if such transfer breaches the contractual terms between a tenant and landlord. Justice Gauri Godse delivered this ruling, emphasizing that permitting such bequests would effectively allow tenancy rights to be transferred to strangers, contrary to the intent and terms of tenancy agreements. Background of the Case The case involved a 2,000-square-foot flat and garage located in the Queen’s Court Building , near Oval Maidan, Churchgate, Mumbai . The property was owned by the Life Insurance Corporation of India (LIC) and leased to Dr. Darasahah Bharucha on May 19, 1986 . After the death of Dr. Bharucha’s wife, Tehmina, the tenancy was transferred to him. Following Dr. Bharucha’s death on September 11, 1994 , his niece Nilofer Marshall , the daughter of his cousin, continued to occupy the flat. Marshall cl...

When Non-Resident Indians (NRIs) sell property in India, they are liable to pay capital gains tax under Indian law. However, taxation doesn’t end there — the gains may also be subject to tax in their country of residence such as the United States, the United Kingdom, or Singapore . This makes it essential to understand how Indian tax law, international tax treaties (DTAAs), and constitutional safeguards work together. 1. Statutory Framework Governing Property Sale and Capital Gains a. Income Tax Act, 1961 The taxation of property sale by NRIs in India is primarily governed by the Income Tax Act, 1961 . Section 45 : Imposes tax on capital gains arising from the transfer of a capital asset. Section 48 : Provides for indexation of the cost of acquisition to adjust for inflation. Section 195 : Mandates Tax Deducted at Source (TDS) on payments made to NRIs for property transactions. Section 90 : Grants relief from double taxation through the Double Taxation Avoidance ...

Case Background: Pratibha Tower and Its Controversial History Pratibha Tower was originally a 36-storey luxury residential project in Breach Candy, Mumbai, launched in 1984. It later became the center of a major real estate fraud scandal when authorities found that the developer had overstated the plot area to gain unauthorized Floor Space Index (FSI) benefits. This resulted in illegal additional construction and regulatory intervention. Among the early apartment purchasers were well-known personalities, including Lata Mangeshkar and Asha Bhosale , highlighting the project’s high-profile nature. Litigation Timeline and Demolition 1989 – BMC ordered demolition of the top eight floors . 2019 – The remaining structure was demolished after the cooperative society resolved to redevelop the land. 2022 – Society selected Crest Residency Pvt Ltd (JV: RA Enterprises + Crest Venture) as the new developer. June 2025 – Society member Devyani Gulabsi filed a suit challe...

The Supreme Court of India has delivered a landmark judgment settling a long-standing ambiguity in property law concerning minors’ rights over property sales executed by their guardians without prior court approval. The decision, pronounced by a bench comprising Justice Pankaj Mithal and Justice PB Varale , establishes that minors, upon attaining majority, are not required to move the court to cancel such transactions — repudiation through their actions or conduct is sufficient under the Hindu Minority and Guardianship Act, 1956 . Case Background: The Dispute Over Two Plots in Karnataka The judgment arose from an appeal filed by KS Shivappa , who purchased two adjoining plots in Davanagere, Karnataka, from two brothers after they attained majority. These plots were originally purchased in 1971 by their father and natural guardian, Rudrappa , in the names of his minor sons. Soon after, Rudrappa sold both plots without obtaining the mandatory court permission required under Section 8(...

Supreme Court Dismisses Appeal in the Dispute Over Trust Property of Kamakala Kameshwarar Temple On September 13, 2024 , the Supreme Court of India dismissed the civil appeal in Civil Appeal No. 8374 of 2024 , involving the dispute over the ownership and title of a trust property related to the Kamakala Kameshwarar Temple . The appeal, filed by Sri Siddaraja Manicka Prabhu Temple , challenged the judgment passed by the Madras High Court on October 26, 2017 , which had upheld the decision that the disputed property was trust property and not under the absolute ownership of the appellant. Background of the Case The case revolves around the ownership of an immovable property adjacent to the Kamakala Kameshwarar Temple (referred to as the "suit property"). This property, along with the temple, was originally owned by Rai Raja Eswardoss Diawanth Bahadur , whose son and grandson, T. Lakshmidoss and T. Venkataprasad , were declared insolvents by the Madras High Court in 1914 . A...

Government to Introduce Waqf Amendment Bill in  Lok Sabha on Thursday The BJP-led government is set to introduce the Waqf (Amendment) Bill, 2024 in the Lok Sabha on Thursday. This bill aims to amend the Waqf Act, 1995, addressing key issues related to State Waqf Boards, property registration, and encroachments. The introduction is accompanied by the withdrawal of two previous legislative measures: the Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014, and the Mussalman Wakf Act, 1923.  Withdrawal of Previous Bills Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014 Originally introduced in February 2014 by the Congress-led UPA government, this bill aimed to address the issue of unauthorized occupants of waqf properties. The decision to withdraw it comes in light of the new amendment bill, which seeks to handle these concerns more effectively through updated provisions and administrative measures. Mussalman Wakf Act, 1923    The Mussalman Wak...