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Reading: Caretaker Has No Ownership Rights: Karnataka High Court Reiterates Property Possession Rule
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ApniLaw > Blog > High Court > Karnataka High Court > Caretaker Has No Ownership Rights: Karnataka High Court Reiterates Property Possession Rule
Karnataka High CourtLand Dispute & WillNews

Caretaker Has No Ownership Rights: Karnataka High Court Reiterates Property Possession Rule

Amna Kabeer
Last updated: June 30, 2025 7:32 pm
Amna Kabeer
2 months ago
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The Karnataka High Court has ruled that a caretaker cannot claim ownership or possession rights over a property. Justice C M Poonacha dismissed an appeal by the caretaker, who sought a temporary injunction against the legal heirs of the property owner. The court held that the caretaker remains in possession only on behalf of the owner and must hand over the property on demand. The caretaker claimed uninterrupted possession of the property for over 50 years, starting in 1970, and argued that he had settled possession. However, the court noted he failed to produce any rent receipts or tenancy documents. The defendants established that he was merely a caretaker, and had even received monthly payments from them. The property, owned by the owner and later by his wife Manorama Rao, had passed to their children. Referring to the Supreme Court ruling in Maria Margarida v. Erasmo Jack (2012), the bench affirmed that possession by a caretaker does not confer legal rights. It dismissed the appeal, holding that no injunction can be granted against the rightful owners.

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TAGGED:Karnataka High courtLand DisputeLand DisputesProperty Law Land DisputesProperty Possession
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