What Is a Deed in Common Law? A Comprehensive Guide

-There is no estoppel here; the deed could not be pleaded as an estoppel under section 115 of the Evidence Ordinance or under any other law. The community property is common property of both spouses; only on the dissolution of marriage would half the property vest in the surviving spouse. ... By a mere declaration of a mistaken view of the law in a deed a man does not cease to be the owner. Van Langenberg (with him Tambyah), for the respondents.-The deed would operate as an estoppe....

2025 Supreme(Online)(UK) 972443

So far as the common passage is concerned it appears that Jagesh in connivance with his brother Kailash shown in the sale deed passage as a common passage which, in fact, falls on the land owned by Kailash. ... This is also undisputed fact that Kailash executed the sale deed in the year 1998 though Jagesh executed the sale deed in the year 2001. ... but the internal common passage of Kailash who executed four sale deeds in favour of four persons and the passage as shown in the sale #HL....

The deed No. 13,509, if it does purport to grant a servitude, is granting a servitude over a piece of land held in common without the concurrence of the other co-owners, and it seems that the law does not allow this to be done. Voet, bk. ...     Servitude-Co-owners-Partition of land by deed-Lone reserved for common use-Sale of lot by one co-owner-No title to right of way. ... Where a land held in common was partitioned by deed among the co-owners, a strip of....

2024 7 Supreme 736

The said common passage has been marked as X to Y in the map forming part of the sale deed. ... Since portion B was in the back and had no access to the Battery Lane, the sale deed of the plaintiff-respondents, categorically provided that she would leave a 15 feet wide common passage on side of portion A for the common use of the owners of portions A & B both. ... Similarly, in the sale deed of the defendants, it has been provided that they will have access to the back portion from the....

2025 Supreme(Online)(Kar) 34578

It is pertinent to note that either the Will at Ex.D1 or the gift deed at Ex.P1 show that there is no mention of creating of any easementary right or the right of common usage of passage. ... With these factual aspects, let us consider the question of law. 23. ... Thus, it is evident that the Trial Court had again wrong in holding that the plaintiff has right in the common passage also. The Trial Court failed to note the averments made in the Will of Jangamappa and the gift deed of Mangamma. ... She had....

of the common law rule be bound by a covenant or transaction different in kind from that which it was their intention to enter into, they can be relieved in equity from the results of their execution of the deed ". ... On the second point it must remembered that so long as Sathasivampillai was in possession of the common land prior to his transfer to his daughter in 1920, he was there as a co-owner. " His possession was in law the possession of his co-owners. ... Hillyar [(1865) 34 Beav. 180.]....

2025 0 Supreme(Kar) 560

The private road is evidently meant to serve only the defendants’ apartment owners and cannot be construed as a common facility or appurtenant right acquired by the plaintiffs under the registered sale deed. ... The plaintiffs’ attempt to assert a right over this access road, under the guise of it being a common area, is a strained interpretation unsupported by the registered sale deed or any other contemporaneous documentation. ... It is a settled principle of law that parties cannot be permitted to tr....

2025 0 Supreme(Cal) 726

Rather, the same was fully in consonance with law as well as the 1958 Deed. 55. ... By virtue of the 1996 Deed, however, Sukumar sought to deviate from such line of succession, which was patently contrary to the 1958 Deed as well as the settled law on the subject, as laid down in Sankar Nath Mullick & Anr. v. ... In such view of the matter, the Deed of Gift dated July 10, 1996, executed by Sukumar, was not only contrary to the 1958 Deed but also de hors the #HL_STAR....

It was also pointed out in that case that this Roman Dutch law doctrine is broader in its effect than the English law rule as to conveyance by estoppel. ... It is common ground that the four vendors on that deed, Salanchia Ranamali, Tikkavi and Rapia were entitled, as shown in the pedigree-attached to the plaint, to 1/8th, l/16th, l/16th and 1/4th share respectively, or 8/16 in all. ... This very case provides an illustration of what happens every day when four co-owners deal with their interests in a land owned ....

Valliamma1[1 Times of Ceylon Law Reports 274. ] that property acquired by one spouse after the separation is not property held in common. Mr. ... Applying the general principle of the common law, in the absence of anything to show that such principle is in any way repugnant to the law governing the parties here, I would hold that the deed P 1 is binding as between the parties, and the wife cannot now seek to obtain any benefit from ... I see no reason to think, however, they can....

2020 0 Supreme(Cal) 18

It is also relevant to record that a prayer for cancellation for deeds of gift was also made in the application dated August 19, 2019 being Maintenance Case No.17 of 2019. It is settled law that a deed or indenture should be construed as it is. This cannot be construed as a condition envisaged under the provisions of Section 23 of the said Act.

2020 0 Supreme(Cal) 225

This cannot be construed as a condition envisaged under the provisions of Section 23 of the said Act. It is also relevant to record that a prayer for cancellation for deeds of gift was also made in the application dated August 19, 2019 being Maintenance Case No.17 of 2019. It is settled law that a deed or indenture should be construed as it is.

2018 0 Supreme(Ker) 631

A deed is an instrument which either (1) passes an interest, right or property of itself, and creates a binding obligation on some person; or (2) amounts to an affirmation or confirmation of something which passes an interest, right or property. At common law, a deed is an instrument which complies with the following requirements: (b) it must be executed in the manner specified below by some person or corporation named in the instrument; and

2017 0 Supreme(Mad) 3704

Out of the total extent of the common pathway, the plaintiff would be entitled to 50% and the defendants would be entitled to the remaining 50%, as there is specific extent of property in the schedule of the suit property that was purchased by the defendants. At no point of time, the plaintiff has contended that he has left 5 feet for the purpose of common pathway. But what was submitted is that there existed a common pathway and in that common pathway, based on the earliest sale deed, a common pathway is shown.

2017 0 Supreme(Mad) 2102

At no point of time, the plaintiff has contended that he has left 5 feet for the purpose of common pathway. Out of the total extent of the common pathway, the plaintiff would be entitled to 50% and the defendants would be entitled to the remaining 50%, as there is specific extent of property in the schedule of the suit property that was purchased by the defendants. But what was submitted is that there existed a common pathway and in that common pathway, based on the earliest sale deed, a common pathway is shown.