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    <title>2009 (11) TMI 1025 - DELHI HIGH COURT</title>
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    <description>A challenge to title, partition and declaration over property standing in a mother&#039;s name was treated as time-barred where the claim was raised long after the conveyance and after the claimant&#039;s delay in asserting rights. The plaint was also found undervalued and unsupported by proper court fee because the pleadings did not show prima facie possession consistent with the relief sought. On title, the property was held to belong to the mother: a purchase in a wife&#039;s name carries a presumption of benefit to her, and unrestricted title under the Hindu Succession Act makes her the absolute owner. The suit was therefore described as unsustainable on limitation, valuation and title grounds.</description>
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    <pubDate>Mon, 09 Nov 2009 00:00:00 +0530</pubDate>
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      <title>2009 (11) TMI 1025 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=308847</link>
      <description>A challenge to title, partition and declaration over property standing in a mother&#039;s name was treated as time-barred where the claim was raised long after the conveyance and after the claimant&#039;s delay in asserting rights. The plaint was also found undervalued and unsupported by proper court fee because the pleadings did not show prima facie possession consistent with the relief sought. On title, the property was held to belong to the mother: a purchase in a wife&#039;s name carries a presumption of benefit to her, and unrestricted title under the Hindu Succession Act makes her the absolute owner. The suit was therefore described as unsustainable on limitation, valuation and title grounds.</description>
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      <law>Benami Property</law>
      <pubDate>Mon, 09 Nov 2009 00:00:00 +0530</pubDate>
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