Know Your Rights!!

Family property disputes can be messy, but they get even more complicated when third-party buyers enter the scene. The Patna High Court in Md. Atif Ansar v. Rehan Mohammad Tarique, C.Misc. No. 320 of 2023, dated 27.08.2024 , tells us how courts approach such situations, especially when properties are sold during a pending litigation. A partition suit was filed by a plaintiff against family members. While the case was still pending, the defendants sold parts of the disputed property to third parties. When the plaintiff tried to include these third-party buyers in the case, the trial court refused, saying it would delay the case since the matter was already at the final arguments stage. The trial court’s decision was challenged under Article 227 of the Constitution at the Patna High Court. The law in Order 1 Rule 10(2) of the Code of Civil Procedure, 1908 empowers courts to add or remove parties to ensure effective and complete adjudication. But when should new parties be added? The Su...

Let me walk you through the case of Smt. Sunita Bai Sahu Versus The State Of Madhya Pradesh And Others, (WRIT PETITION No. 32191 of 2024) , where a debate around the Aadhaar Card’s role as proof of age came into the spotlight again. The petitioner was a woman whose husband had tragically passed away due to electrocution. She applied for compensation under the Mukhyamantri Jan Kalyan (Sambal) Yojna, 2018, a scheme that provides benefits to families of deceased labourers. However, her claim was rejected because the authorities determined that her husband was 64 years old, which made him ineligible under the scheme. The petitioner argued that the age of her husband should have been determined based on his Aadhaar Card, which listed a date of birth that would make him eligible for compensation. The authorities, on the other hand, maintained that the Aadhaar Card is not a reliable document for establishing someone’s age and relied on other records that showed the deceased was indeed ove...