#possessory rights

The Bombay High Court has ruled that individuals in lawful possession of flats under redevelopment, even without registered title, are entitled to interim possession of alternate accommodation and transit rent while title disputes are resolved. This protects vulnerable occupants from displacement during prolonged litigation, reinforcing possessory rights as provisional ownership under the Maharashtra Co-operative Societies Act.

NCLAT rules that possessory rights under Section 53A of the Transfer of Property Act, when affirmed by a consent decree, cannot be disturbed by a Resolution Professional under the Insolvency and Bankruptcy Code. The ruling clarifies that IBC proceedings do not automatically extinguish pre-existing property rights established through judicial decrees, offering critical protection to parties with settled possessory claims.

Chhattisgarh High Court ruled that cancellation of patta without due process is unsustainable, especially when long-term possession is established. The Commissioner must decide the appeal within 90 days, reinforcing procedural safeguards in land revenue disputes.