CPC s.96 — the law in short
What the courts have decided on section CPC s.96, in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Aparna Sharma v Sidhartha Sharma
High CourtCuts both waysNo later treatment found
The flat is in my sister's name but I paid the builder. Can I still sue to be declared the real owner?
Not on those facts. Once the 2016 amendment is in force, a claim that the apparent owner holds for you is barred unless it falls within one of the four exceptions in s.2(9)(A)(b)(i) to (iv). The sibling exception in (iv) requires that you be shown as a joint owner in some document; a general power of attorney authorising you to get the property transferred is not such a document, and the counter-claim was rejected.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.
