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Supreme Court of India 2018-04-16 allowed

Vinod Kumar Dhall vs Dharampal Dhall (deceased) through His Lrs. & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Vinod Kumar Dhall (appellant) and others appealed against a trial court decree (affirmed by the High Court) awarding restoration of possession, mesne profits, and a permanent injunction to Dharampal Dhall in respect of a house in Tagore Garden, New Delhi. The Supreme Court allowed the appeals and dismissed the suit, holding that the property was family property, not exclusively owned by Dharampal. Although formally titled in Dharampal's name, the house was acquired using his father Kashmiri Lal's funds, initially allotted to a daughter, and continuously occupied by all family members from construction. Dharampal was a student at acquisition, never resided there, and had no income contribution. Formal title documents alone cannot override factual circumstances establishing family acquisition and joint use."

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Family Law Property Law Joint Family Property Benami Transactions Ownership and Possession Trusts and Fiduciaries

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