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Immovable Property Protection Guide
Summary
The Specific Relief Act, 1963, safeguards ownership and possession of immovable property through various sections. Section 5 allows recovery of possession through a suit, while Section 6 provides a remedy for dispossessed individuals to reclaim property within six months. Section 34 enables individuals to seek a declaration of title, and Sections 36 to 42 offer injunctions to prevent wrongful dispossession or interference. Relevant case laws include Sopan Sukhdeo Sable v. Assistant Charity Commissioner (2004) and Krishna Ram Mahale v. Shobha Venkat Rao (1989). Legal maxims such as Nemo dat quod non habet and Ubi jus ibi remedium underscore the principles of property rights and remedies.Full Conversation
Case Rating: *
Under the Specific Relief Act, *, ownership with or without possession of immovable property is protected from interference as follows:
- Section *: Allows a person entitled to any legal character or right to any property to file a suit for a declaration of their title.
- Section * to *: Provides for injunctions to prevent wrongful dispossession or interference with property rights.
- Section *: Entitles a person entitled to possession of specific immovable property to recover it through a suit.
- Section *: Allows a person dispossessed without their consent of immovable property to recover possession by filing a suit within six months of dispossession.
- Legal Provision: Provides for injunctions to prevent wrongful dispossession or interference with property rights.
- Reasoning: Injunctions serve as preventive measures to maintain the status quo and prevent illegal acts that can affect property rights.
Under the Specific Relief Act, *, ownership with or without possession of immovable property is protected from interference as follows:
- Section *: Allows a person entitled to any legal character or right to any property to file a suit for a declaration of their title.
- Section * to *: Provides for injunctions to prevent wrongful dispossession or interference with property rights.
- Section *: Entitles a person entitled to possession of specific immovable property to recover it through a suit.
- Section *: Allows a person dispossessed without their consent of immovable property to recover possession by filing a suit within six months of dispossession.
Relevant Case Laws:
- Sopan Sukhdeo Sable v. Assistant Charity Commissioner (*): Discussed the recovery of possession under Section *.
- Krishna Ram Mahale v. Shobha Venkat Rao (*): Highlighted the importance of the summary remedy under Section *.
- Legal Provision: Allows a person entitled to any legal character or right to any property to file a suit for a declaration of their title.
- Reasoning: Ensures that an individual can seek a judicial declaration to establish their ownership rights.
Sections * to *: Injunctions- Sopan Sukhdeo Sable v. Assistant Charity Commissioner (*): Discussed the recovery of possession under Section *.
- Krishna Ram Mahale v. Shobha Venkat Rao (*): Highlighted the importance of the summary remedy under Section *.
Relevant Maxims:
- Nemo dat quod non habet: No one gives what they do not have.
- Ubi jus ibi remedium: Where there is a right, there is a remedy.
Is there any specific detail or further assistance you need regarding your case?
Section *: Declaration of Title- Nemo dat quod non habet: No one gives what they do not have.
- Ubi jus ibi remedium: Where there is a right, there is a remedy.
Is there any specific detail or further assistance you need regarding your case?
- Legal Provision: Allows a person entitled to any legal character or right to any property to file a suit for a declaration of their title.
- Reasoning: Ensures that an individual can seek a judicial declaration to establish their ownership rights.
- Legal Provision: Provides for injunctions to prevent wrongful dispossession or interference with property rights.
- Reasoning: Injunctions serve as preventive measures to maintain the status quo and prevent illegal acts that can affect property rights.
Relevant Maxims
- Nemo dat quod non habet: No one gives what they do not have.
- Ubi jus ibi remedium: Where there is a right, there is a remedy.
Would you like further information or assistance on a specific issue related to immovable property in Bihar?
- Nemo dat quod non habet: No one gives what they do not have.
- Ubi jus ibi remedium: Where there is a right, there is a remedy.
Would you like further information or assistance on a specific issue related to immovable property in Bihar?
Case Rating: *
Under the Specific Relief Act, *, ownership with or without possession of immovable property is protected from interference as follows:
Under the Specific Relief Act, *, ownership with or without possession of immovable property is protected from interference as follows:
Section *: Recovery of Possession of Immovable Property
- Legal Provision: Entitles a person entitled to possession of specific immovable property to recover it through a suit.
- Case Law: Sopan Sukhdeo Sable v. Assistant Charity Commissioner (*)
- Reasoning: Ensures that a rightful owner can reclaim possession from any wrongful occupant.
- Legal Provision: Entitles a person entitled to possession of specific immovable property to recover it through a suit.
- Case Law: Sopan Sukhdeo Sable v. Assistant Charity Commissioner (*)
- Reasoning: Ensures that a rightful owner can reclaim possession from any wrongful occupant.
Section *: Suit by Persons Dispossessed of Immovable Property
- Legal Provision: Allows a person dispossessed without their consent of immovable property to recover possession by filing a suit within six months of dispossession.
- Case Law: Krishna Ram Mahale v. Shobha Venkat Rao (*)
- Reasoning: Provides a quick remedy for dispossessed persons to reclaim possession without delving into the title's merits.
- Legal Provision: Allows a person dispossessed without their consent of immovable property to recover possession by filing a suit within six months of dispossession.
- Case Law: Krishna Ram Mahale v. Shobha Venkat Rao (*)
- Reasoning: Provides a quick remedy for dispossessed persons to reclaim possession without delving into the title's merits.
Section *: Declaration of Title
- Legal Provision: Allows a person entitled to any legal character or right to any property to file a suit for a declaration of their title.
- Reasoning: Ensures that an individual can seek a judicial declaration to establish their ownership rights.
- Legal Provision: Allows a person entitled to any legal character or right to any property to file a suit for a declaration of their title.
- Reasoning: Ensures that an individual can seek a judicial declaration to establish their ownership rights.
Sections * to *: Injunctions
- Legal Provision: Provides for injunctions to prevent wrongful dispossession or interference with property rights.
- Reasoning: Injunctions serve as preventive measures to maintain the status quo and prevent illegal acts that can affect property rights.
- Legal Provision: Provides for injunctions to prevent wrongful dispossession or interference with property rights.
- Reasoning: Injunctions serve as preventive measures to maintain the status quo and prevent illegal acts that can affect property rights.
Relevant Maxims
- Nemo dat quod non habet: No one gives what they do not have.
- Ubi jus ibi remedium: Where there is a right, there is a remedy.
Would you like further information or assistance on a specific issue related to immovable property in Bihar?
- Nemo dat quod non habet: No one gives what they do not have.
- Ubi jus ibi remedium: Where there is a right, there is a remedy.
Would you like further information or assistance on a specific issue related to immovable property in Bihar?
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