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Supreme Court of India 2019-08-21 dismissed

Prabhakar Gones Prabhu Navelkar (dead) through LRs & Ors vs Saradchandra Suria Prabhu Navelkar (dead) through Lrs. & Ors

Bench: 2 — K.M. Joseph

In Brief

The Navelkar family dispute involved ancestral properties in Goa. Plaintiffs (heirs of Gones) claimed ownership rights based on a 1919 settlement deed acknowledging Gones' half-payment for property purchased by his brother Suriaji in 1915. The High Court found Gones had acquired title but lost it through acquiescence in 1925 inventory proceedings and 53 years of inaction until filing suit in 1983. The Supreme Court, exercising discretion under Article 136, dismissed the appeal. Although Gones may have had technical title, he received substantial gift benefits (45 hectares versus 19 hectares due), failed to object when property was allotted to his sister-in-law Shantibai, never challenged this allotment, and remained silent for over four decades until his death in 1978. The Court applied principles of estoppel, acquiescence, and loss of rights through conduct, finding that equity and six decades of settled possession favoured the respondents.

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Property Law Civil Procedure Limitation Estoppel and Acquiescence Trusts and Inheritance Family Law Portuguese Law (Goa) Adverse Possession

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