Legal Requirements for Property Description
Courts emphasize the necessity of clear and sufficient property descriptions in registration documents, including subdivision numbers, to ensure proper identification and avoid disputes. For instance, the court in Muralee Krishna vs Sub Registrar, Kattappana - Kerala highlighted that correction deeds must comply with statutory requirements, such as accurate subdivision, survey number, and block number, to be valid.
Implications of Incorrect or Incomplete Descriptions
Giving wrong or incomplete subdivision details can lead to property disputes, as seen in Dhanruparam Choudhary VS Ravichandran - Madras, where incorrect subdivision descriptions were used to attempt property encroachment. Proper subdivision identification is crucial for establishing ownership and preventing false claims.
Legal Procedures for Adding or Correcting Subdivision Details
Courts have discussed the procedural aspects of adding subdivision numbers, including amendments during final decree proceedings (K. Chithiraiselvam VS C. Veerabathiran - Madras) and the discretionary power of courts under Civil Procedure Code, Order 41, Rule 20, to add necessary parties or correct property descriptions (Swaminatha Odayar VS S. Gopalaswami Odayar and 17 Ors. - Madras, Swaminatha Odayar VS T. S. Gopalaswami Odayar - Madras). These procedures require prima facie evidence and adherence to statutory guidelines.
Sub-Division and Property Valuation
Sub-division of property impacts valuation and taxation, as discussed under the Calcutta Municipal Act (CORPORATION OF CALCUTTA VS CHANDI CHARAN BASAK - Calcutta), where subdivision of premises among co-sharers affects valuation processes.
Legal Precedents and Interpretation
Courts have interpreted laws such as the Tamil Nadu Patta Pass Book Act (Rajambal VS Inspector General (Registration) - Madras) to require detailed property descriptions, including subdivision numbers, for registration and legal recognition, emphasizing their importance in property disputes and registration processes.
Adding subdivision numbers to property descriptions enhances clarity, legal validity, and prevents disputes. Proper documentation, including subdivision details, is essential for registration, ownership proof, and valuation. Courts consistently underscore the importance of accurate subdivision identification, and procedural provisions allow for amendments and corrections with proper evidence. Ensuring precise subdivision details in property descriptions is fundamental for legal certainty and effective property management.
References:
- Muralee Krishna vs Sub Registrar, Kattappana - Kerala
- Dhanruparam Choudhary VS Ravichandran - Madras
- Rajendran VS R. V. Saravanan - Madras
- P. A. Sundara Aiyar VS The Board Of Commissioners For - Madras
- K. Chithiraiselvam VS C. Veerabathiran - Madras
- Swaminatha Odayar VS S. Gopalaswami Odayar and 17 Ors. - Madras
- Swaminatha Odayar VS T. S. Gopalaswami Odayar - Madras
- KRISHAN LAL VS STATE - Delhi
- Rajambal VS Inspector General (Registration) - Madras
- CORPORATION OF CALCUTTA VS CHANDI CHARAN BASAK - Calcutta
of sufficient property description in registration documents - Court emphasized the need for clear identification of property in ... ... ... Ratio Decidendi: The court determined that the correction deed must comply with statutory requirements for property description ... Writ petition seeking registration of correction deed - Petitioner argued that the respondents did not challenge possession of property ... new survey number, block number, #HL_ST....
number and is trying to grab property of defendants mother by giving wrong description itself would show that there is a cause of ... and it is a bundle of facts - very fact that defendant is contesting suit by saying that plaintiff has not mentioned the correct Sub-division ... Code - Section 100 - Against the judgment and decree - Sake of convenience - Permanent injure n - Attempted to trespass into suit property ... He further submitted that instead of adding the d....
Civil Procedure Code, 1908 - Section 96 - Rule 1 - Order XI - Falsely claims that he is absolute owner of suit property ... - Suit property in their favor by executing registered - Subsequently sale deed Ponnusamy Padayachi purchased land measuring an ... which lies adjacent to property of defendant there was no semblance of relationship between parties – Appeal dismissed ... The defendant's vendor's property is covered under O.S.No.340-1A, O.S.No.340-1B and the plaintiffs' property, as per their docum....
Then turning to 17, there are three sub-divisions, the second and third of them being utterly inapplicable. Then remains the first sub-division and we are driven to apply it, for the sole reason that it is the most reasonably appropriate part of the Article. ... I now proceed to give illustrations of this method of adding to enactments to show how conclusive it is against the view that Clauses 17-A and 17-B can be parts of Clause 17. ... Thus if a new section is required between Sections 17 and 18, the....
- O.S.No.74 of 2008 - [Order 20 Rule 18, Code of Civil Procedure, 1908] - The judgment discusses the importance of evidence in adding ... filed for partition, and two applications were filed during the final decree proceedings to amend the final decree petition by adding ... numbers were not properly specified. ... No doubt, the Court is not enjoined to add any number of new properties at the whims and fancies of the parties. There should be prima facie evidence to display and demonstrate that #HL_START....
The court also discussed the discretionary power of the court in adding necessary parties to the appeal. ... The court also discussed the application of Civil Procedure Code, Order 41, Rule 20 and the discretionary power of the court in adding ... the third and fourth defendants were not necessary parties to the appeal and discussed the discretionary power of the court in adding ... In that appeal the fifth-defendants sons (two in number) were brought on the record as his legal representatives. It has been held in Brij I....
applicability of Order 41, Rule 20, Civil P.C. and interpreted the relevant legal provisions and precedents to determine the competency of adding ... In that appeal defendant 5s sons (two in number) were brought on the record as his legal representatives. It has been held in Brij Indar Singh v. ... With only one aspect of the appellate decree passed by the High Court we are now concerned, namely that it effected a further sub-division of shares as between defendants 3 and 4. ... Mohamed Eusoof AIR 1932 Rang 16, upon whic....
Fact of the Case: That you, on or about 8-3-1968, at Delhi, cheated E.S.I.C. by dishonestly inducing Shri Mahabir Singh, Postman, New Delhi to deliver the amount of Rs. 100/- to you, in respect of money order No. 2590 dated 6-2-1968 sent by E.S.I.C., New Delhi in the name of Shri Madan Sain and which amount was the property
10(1) Chitta - Sections 34, 35, 36, 5, 9, 15 of the Tamil Nadu Patta Pass Book Act - The court discussed the demand made by the Sub ... Fact of the Case: The petitioner challenged a demand made by the Sub Registrar, Subramaniyapuram, calling upon the ... Under Section 21 (1), a non-testamentary document relating to immovable property cannot be accepted for registration unless it contains a description of the property sufficient to identify the same. The other sub-sections of Section ....
CALCUTTA MUNICIPAL ACT, 1951 - SECTIONS 172, 174, 181, 182, 183, 184, 207 - INTERPRETATION - VALUATION - SUB-DIVISION OF VALUATION ... Fact of the Case: The dispute arose from a partition of premises among co-sharers, resulting in the sub-division of ... Whether the sub-division of valuation under Section 174 of the Calcutta Municipal Act, 1951, is a 'valuation' within the meaning ... Is it confined merely to the amount at which the property is valued, or does it co....
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