AI Overview...
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Section 22 of the Hindu Succession Act - Primarily deals with the limitation period for challenging transfers or asserting pre-emption rights. The general limitation period is one year, as per Article 97 of the Limitation Act, 1963. Many judgments confirm that suits or applications under Section 22 must be filed within this period, failing which they are barred Ashutosh Chaturvedi VS Prano Devi @ Parani Devi - Supreme Court, Surender Kumar Jain VS Madhu Gupta - Punjab and Haryana, PREETINDER SINGH THAPAR VS HARDEEP SINGH THAPAR - Delhi, TARAK DAS GHOSH VS SUNIL KUMAR GHOSH - Calcutta.
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Limitation Period - The one-year limitation applies to challenges against transfers or sales of property, including pre-emption claims, from the date of knowledge of the transfer or sale. If the suit is filed after the expiry of this period, it is generally barred by limitation Suraj Bans Singh (since deceased) through LRs VS Pritpal Singh (since deceased) through LRs - Punjab and Haryana, TARAK DAS GHOSH VS SUNIL KUMAR GHOSH - Calcutta.
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Application to Concluded Transfers - There is judicial debate on whether Section 22 applies to concluded transfers. Some rulings suggest that Section 22 is applicable only to ongoing or pending transfers and may not apply to fully executed transfers, which could be barred by limitation Gadadhar Majhi VS Jurali Mondal - Calcutta.
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Maintainability of Suits - Courts have held that applications or suits under Section 22 are maintainable only if filed within the prescribed limitation period. Failure to do so results in dismissal on the ground of limitation, regardless of the merits of the claim Tarubai Damu Sawant VS Bhiku Antu Yadav and others - Bombay.
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Implications for Pre-emption and Property Disputes - The law emphasizes timely filing for pre-emption rights and challenges to transfers under the Hindu Succession Act. The limitation period is crucial for the enforceability of such rights, and delays beyond one year typically lead to the suit being barred Preetinder Singh Thapar VS Hardeep Singh Thapar - Delhi, Laxman S/o Channappa Hadanur vs Shrishail S/o Siddappa Bhagayt - Karnataka.
Analysis and Conclusion
Section 22 of the Hindu Succession Act, combined with Article 97 of the Limitation Act, establishes a one-year limitation period for challenging property transfers or asserting pre-emption rights. Courts consistently uphold that claims filed after this period are barred, emphasizing the importance of timely action. The applicability of Section 22 to concluded transfers remains nuanced, with some judgments indicating it may not apply once the transfer is complete. Overall, timeliness is critical for the maintainability of suits under Section 22, and failure to adhere to the limitation period results in dismissal Ashutosh Chaturvedi VS Prano Devi @ Parani Devi - Supreme Court, Surender Kumar Jain VS Madhu Gupta - Punjab and Haryana, PREETINDER SINGH THAPAR VS HARDEEP SINGH THAPAR - Delhi.
References: - Ashutosh Chaturvedi VS Prano Devi @ Parani Devi - Supreme Court - Surender Kumar Jain VS Madhu Gupta - Punjab and Haryana - PREETINDER SINGH THAPAR VS HARDEEP SINGH THAPAR - Delhi - TARAK DAS GHOSH VS SUNIL KUMAR GHOSH - Calcutta - Suraj Bans Singh (since deceased) through LRs VS Pritpal Singh (since deceased) through LRs - Punjab and Haryana - Laxman S/o Channappa Hadanur vs Shrishail S/o Siddappa Bhagayt - Karnataka - Gadadhar Majhi VS Jurali Mondal - Calcutta - RAM GOPAL VS SHAKTI CHAND - Himachal Pradesh - Tarubai Damu Sawant VS Bhiku Antu Yadav and others - Bombay
Search Results for "Hindu Succession Act s 22 Limitation"
2008 0 Supreme(SC) 684 • India - Supreme Court
S.B.SINHA, V.S.SIRPURKAR
Hindu Succession Act - Section 22 - Limitation Act, 1963 - Article 97 - Confirmation of possession - Suit ... a suit wherein principal issue would be whether transfer complained of was effected in violation of sub-section (1) of Section 22 ... of the Hindu Succession Act, the same was not maintainable being barred by limitation. ... Section 22 of the Hindu #HL_S....
2009 0 Supreme(P&H) 1780 • India - Punjab and Haryana
SABINA
Hindu Succession Act, 1955, S. 22--Limitation Act, 1963, Art. 97--Preferential right to acquire property--Limitation--Same is governed ... by Article 97 of the Limitation Act--Limitation to challenge the sale is one year--In the instant case sale was challenged beyond ... the provision of Section 22 of Hindu Succession Act and that the responde....
2017 0 Supreme(Del) 4422 • India - Delhi
VALMIKI J.MEHTA
CPC - Right to Sue - Hindu Succession Act, 1956, Section 22 - Limitation Act, 1963, Article 97 - Suit for Pre-emption - Maintainability ... The trial court dismissed the suit as not maintainable for not seeking the relief of partition and being barred by limitation. ... Ratio Decidendi: The court held that the suit was not barred by limitation as the appellant was ignorant of the sale deed ... of the Hindu Succession#HL_E....
1979 0 Supreme(Cal) 399 • India - Calcutta
D.C.CHAKRAVORTI
Whether the application under Section 22 of the Hindu Succession Act, 1956, was barred by limitation? 2. ... HINDU SUCCESSION ACT, 1956 - SECTION 22 - LIMITATION ACT, 1963 - ARTICLE 97 - RIGHT OF PRE-EMPTION - ENFORCEMENT OF RIGHT - PROCEDURE ... The right conferred by Section 22 of the Hindu Succession Act, 1956, is a right o....
2009 0 Supreme(Del) 957 • India - Delhi
MANMOHAN SINGH
Amendment - Property Dispute - Hindu Succession Act, Limitation Act - Section 22 of the Hindu Succession Act - Article 97 Schedule ... I of the Limitation Act - The court discussed the provisions of Section 22 of the Hindu Succession Act and Article 97 Schedule I ... of the Limitation Act in....
2023 0 Supreme(P&H) 1382 • India - Punjab and Haryana
H. S. MADAAN
(A) Hindu Succession Act, 1956 - Section 22 - Limitation Act, 1963 - One year limitation for challenging sale deed under Section ... Succession Act. ... ... ... Ratio Decidendi: The court concluded that the plaintiff's failure to act within the one-year limitation period barred his ... For ready reference, Section 22 of the HINDU SUCCESSION....
2025 Supreme(Online)(Kar) 21516 • India - IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
SHIVASHANKAR AMARANNAVAR
(A) Hindu Succession Act, 1956 - Section 22 - Limitation Act, 1963 - Article 97 - A suit for pre-emption was filed seeking to retain ... The suit was filed on 16.12.2016, within the limitation period. ... He submits that respondent No.1 –plaintiff can file application under Section 22 of the HINDU SUCCESSION ACT claiming right of pre-emption in the pending FDP No.9/2016. ... The pre-emption is g....
1985 0 Supreme(Cal) 386 • India - Calcutta
SUDHIR RANJAN ROY
PRE-EMPTION - HINDU SUCCESSION ACT, 1956 - SECTION 22 - APPLICABILITY TO CONCLUDED TRANSFERS - LIMITATION - ARTICLE 97 OF LIMITATION ... of the Hindu Succession Act was not attracted, and that the suit was barred by limitation. ... Whether Section 22 of the Hindu Succession Act, 1956 applies to concluded transfers? 2. ... Sunil Kumar AIR 1980 C....
1992 0 Supreme(HP) 67 • India - Himachal Pradesh
V.K.MEHROTRA
AMENDMENT OF PLEADINGS - SECTION 22 OF THE HINDU SUCCESSION ACT, 1956 - LIMITATION - ARTICLE 97 OF THE LIMITATION ACT, 1963 - ... The plea founded on section 22 of the Hindu Succession Act, 1956 was barred by limitation under Article 97 of the Limitation Act, ... Whether a plea founded on section 22 of the Hindu#HL_E....
1981 0 Supreme(Bom) 225 • India - Bombay
D.B.DESHPANDE
HINDU SUCCESSION ACT - SECTION 22 - APPLICATION FOR PRE-EMPTION - MAINTAINABILITY - LIMITATION - TRANSFER OF SHARE BY CO-HEIR ... Finding of the Court: The High Court held that an application under section 22 of the Hindu Succession Act was not ... Whether an application under section 22 of the Hindu Succession Act is maintainable to enforce the right of pre-e....
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