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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, SACHIN SINGH RAJPUT
Mohani Bai Gupta, W/o. Late Mulchand Gupta – Appellant
Versus
Geeta Bai Gupta, W/o. Late Omprakash Gupta – Respondent
| Table of Content |
|---|
| 1. examining the validity of a will and property ownership. (Para 2 , 3 , 4 , 6) |
| 2. dispute over the rights of alienation and preemptive claims. (Para 8 , 9) |
| 3. clarification on preemption applicability post-transfer. (Para 24) |
JUDGMENT :
1. Invoking the appellate jurisdiction of this Court under Section 96 of the Code of Civil Procedure, 1908, the two appellants herein (defendants No.1 & 2) have filed this appeal calling in question legality, validity and correctness of judgment & decree dated 29-1-2024 passed by the 10th Additional District Judge, Bilaspur in Civil Suit No.133A/2021, by which the trial Court has decreed the suit filed by respondent No.1 herein/plaintiff granting declaration of title declaring that the plaintiff is title holder and also possession holder of Sheet No.12 (presently Sheet No.31), area 412.6 sq.ft., and sale deed dated 5-7-2021 (Ex.P-12) executed by defendant No.1 in favour of defendant No.2 is null and void and the defendants are restrained from interfering with the peaceful possession of the plaintiff.
2. Following genealogical tree will demonstrate the relationship among the parties:-
Plaint Averments
Written Statement
Issues framed by the
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 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 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 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....
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.
A plaint must disclose a clear cause of action; clever drafting that creates an illusion of a cause of action is insufficient for maintaining a suit.
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....
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