• Pls share SC citation wherein SDM is baaree to decide on mortgage and will

Pls share Supreme court verdict wherein SDM rights are limited to decide coparcener on pre-mortgage property or where there is a will
Asked 5 years ago in Property Law
Religion: Hindu

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10 Answers

As per registration act, SDM has no power to decide right and title of party. And its role is limited to execute registrstion.

But can refuse to register transfer deed where property is mortgage and showing in EC.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Citation depends on full facts of the case you need to share and seek consultation to get correct citation

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

Kindly share your case in detail facts and issues.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

As far as will is concerned  you have to file testamentary petition before district court or HC having jurisdiction 

if there is objections raised by legal heirs it gets converted into testamentary suit 

 

SDM cannot decide they issue 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

- An SDM has no power to usurp the powers of the civil court , and to decide the title of property cases. 

-  Punjab and Haryana High Court has ruled that proceedings under Section 145 cannot be used as a tool to get possession of the land on the basis of title.

- Supreme Court of India Judgement on  Amresh Tiwari vs Lalta Prasad Dubey & Anr 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

 Sub Divisional Magistrates exercise powers of Executive Magistrates. In this role they are responsible for operating preventive Sections of Code of Criminal Procedure.

You can peruse the below judgment:

Delhi High Court

Aarshya Gulati (Through: Next ... vs Government Of Nct Of Delhi And Ors. on 30 May, 2019

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

This is a legal plea

These matters can be tried only by a competent civil court

However the SDM can touch upon these matters for collateral purposes but cannot give any decision on these matters which are disputed and which require appreciation of evidence by a civil court 

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

SDM has no power to usurp the powers of the civil court. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

The property rights have to be determined by the SDM. that is the law.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You dont need citation because it is specific law that SDM doesn't have jurisdiction to decide the the ownership rights of property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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