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IN THE HIGH COURT OF ORISSA AT CUTTACK
Sashikanta Mishra, J, SASHIKANTA MISHRA
Uttam Kumar Das – Appellant
Versus
Biswambar Das – Respondent
JUDGMENT :
SASHIKANTA MISHRA, J.
Both the appeals have been filed by the Plaintiffs and Defendant Nos.3 to 5 against the common judgment passed on 7.3.2024 followed by decree by learned District Judge, Balasore in R.F.A. No.90/2018 and R.F.A. No.7/2021. By such common judgment, the judgment dated 07.3.2024 followed by decree passed by learned Civil Judge (Sr. Division), Jaleswar in C.S. No.533/208 of 2010/2009 was partly confirmed.
2. For convenience, the parties are referred to as per their respective status in the trial Court.
3. The Plaintiffs filed the suit exercising their right of pre-emption to repurchase the disputed property and for permanent injunction. The property described in ‘kha’ schedule of the plaint relates to the relief claimed for right of pre-emption and the property described under ‘ga’ schedule relates to the relief of permanent injunction. The Plaintiffs’ case is that they and Defendant Nos.2 to 5 are related through their common ancestor Nrusingha Nath Das, who died leaving behind his two sons, Sambhunath and Gadadhar. The branch of Gadadhar became extinct in the absence of any heirs. The Plaintiffs and Defendant Nos.2 to 5 represent the branch of Sambhunath. ‘
The right of pre-emption under Section 22 of the Hindu Succession Act applies even post-transfer if co-heirs were not notified, reinforcing the protection of joint family property.
The court affirmed that Class I heirs have a preferential right of preemption under Section 22 of the Hindu Succession Act regarding joint family properties, emphasizing the need to deposit the purch....
The right of pre-emption under the Hindu Succession Act is contingent upon the property being that of a Hindu male who dies intestate, which was not applicable in this case.
The court clarified that a will's condition restraining alienation does not apply to the legal representatives of the testator and that a right of preemption under the Hindu Succession Act is only ap....
The main legal point established in the judgment is that the receipt of property by way of gift does not constitute inheritance as heirs specified in Class I of the Schedule to the Hindu Succession A....
Preferential right to acquire property – Right under Section 22 of Hindu Succession Act, 1956 cannot be exercised after partition between co-heirs.
Pre-emption rights under Section 22 of the Hindu Succession Act cannot be invoked by non-Class I heirs after property partition and are valid until declared otherwise by a competent court.
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