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H.G.MISHRA
Ghewarwala Jain – Appellant
Versus
Hanuman Prasad – Respondent
Certainly. Here are the key points from the provided legal document:
An application under Section 22(2) of the Hindu Succession Act, 1956, is not maintainable once the transfer of property has been completed. It is only applicable at the stage when the transferor heir proposes to transfer their interest in the property (!) (!) .
The purpose of Section 22 is to provide a preferential right to other heirs to acquire the interest proposed to be transferred by a co-heir, but this right is only exercisable before the transfer is effected, i.e., during the contemplation or proposal stage, not after the transfer has been completed (!) (!) .
The remedy for an heir whose right has been violated by a transfer to a stranger is to initiate a civil suit to seek the intervention of the court, rather than an application under Section 22(2), especially when the transfer has already been completed (!) (!) .
The court emphasized that an application under Section 22(2) cannot be regarded as maintainable after the transfer has been effected. It is only appropriate when the transferor heir is proposing to transfer their interest (!) .
The order of the lower court, which converted the application into a suit and determined the valuation and court fees prematurely, was found to be incorrect. These issues should be addressed only after the suit is properly instituted and the defendant has entered their defense (!) (!) .
The court partly allowed the revision, setting aside the portion of the order related to valuation and court fees, as these are premature at this stage. Such matters will be determined when the suit proceeds and the defendant responds (!) .
The court upheld the view that the primary remedy under the Act is to seek a civil suit for enforcement of rights, not an application under Section 22(2), once the transfer has been completed (!) .
The decision clarifies that the legal process and remedies are intended to be straightforward and efficient, and that the specific procedural rules should be followed, particularly regarding the timing of applications under the Act (!) (!) .
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ORDER :- This revision is directed against order dated 28-11-1977 passed by the Additional District Judge, Sheopur whereby an application submitted by the revision applicant under Section 22(2) of the Hindu Succession Act. 1956, (Act No, 30 of 1956), (hereinafter referred to as the Act'), has been allowed for conversion of the application into a suit with added direction to pay ad valorem court-fees corresponding to the sale price i.e. Rs. 35,000/-.
2. Facts essential for decision of this revision are as under :-
That Shri Manik Chand, father of the applicant and non-applicant No. 2, died intestate on 6-9-1979. After his death certain immovable properties left by him were partitioned between the applicant and the non-applicant No. 2 and other heirs of Manik Chand. On 17-4-1975, the non-applicant No. 2 sold a shop under a registered sale deed for Rs. 35,000/- in favour of Hanuman Prasad non-applicant No. 1. Purporting to enforce preferential right to acquire the property the applicant herein submitted an application under Section 22 of the Act before the Additional District Judge Whereby in exercise of the right created by Section 22 the applicant prayed for a direction to re
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