Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANDEEP PANNU
Sham Lal (since deceased) through LRs. – Appellant
Versus
Shiv Parshad (since deceased) through LR. – Respondent
JUDGMENT :
MANDEEP PANNU, J.
1. The present Regular Second Appeal has been filed by the appellant– defendant (since deceased), through his legal representatives, against the concurrent findings of the Courts below. The learned Trial Court, vide judgment and decree dated 9.11.1987, decreed the suit filed by the plaintiff–respondent. The said judgment and decree were affirmed by the learned Lower Appellate Court vide judgment and decree dated 16.11.1990.
Brief Facts
2. Briefly stated, the plaintiff filed a suit for possession by way of pre- emption under Section 22 of the Hindu Succession Act, 1956, in respect of a share in House No. 4291/2 (old), new No. AMC-1634/III, situated at Ambala City. It was pleaded that the property originally belonged to Tula Ram, who had executed a Will dated 13.01.1955 bequeathing the disputed house in favour of his wife Purni Devi. Upon the death of Tula Ram, Purni Devi became the full and absolute owner of the disputed house.
3. It was further pleaded that Purni Devi died on 01.06.1979, leaving behind her legal heirs, namely the plaintiff, Gian Devi, and the branches of Lachhmi Chand and Sohan Lal, as detailed in the pedigree table. According to the plaint
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 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 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.
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
