In a recent ruling, the Supreme Court elucidated the criticality of possessing legal title to transfer property rights. The judgment emphasized that merely executing a legal document for property transfer without actual ownership renders the new owner or their successors unable to claim those rights.
Background of the Case
The case, involving Kizhakke Vattakandiyil Madhavan (Deceased) through Legal Representatives versus Thiyyurkunnath Meethal Janaki, centered on the conveyance of property by Chiruthey, the wife of the deceased, through a lease deed. However, Chiruthey lacked the title over the property in question.
Court's Observations
The Bench comprising Justices Aniruddha Bose and Sudhanshu Dhulia underscored that if a document conveying property does not indicate the conveyer's title, seeking a specific declaration of the document's invalidity may not be necessary. The court can examine the title if any party to the proceedings raises the defense of title.
Implications of Second Marriage
Chiruthey's subsequent marriage led to a loss of her rights over the property. Despite attempts by the plaintiff (successors of Chiruthey's second marriage) to claim a share in the property through her, the court clarified that such claims were untenable due to her loss of rights upon remarriage.
Court's Decision and Conclusion
The Supreme Court upheld the appellant's contention, disentitling the respondents from claiming partition over the property. The decision nullified the High Court's ruling, affirming the First Appellate Court's judgment.
In essence, the ruling underscores the importance of ensuring legal title ownership before attempting property transfers, safeguarding the rights and interests of all parties involved in such transactions.
SHASHA JAIN, Advocate
BLJ LEGAL
+91-8851632512
www.bljlegal.in
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