AI Overview...
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Impartible Estate and Loss of Character - The impartible character of a jagir estate is generally lost upon its resumption, partition, or sale of bonds, leading to the estate no longer being considered impartible. Once the character is lost, the property typically becomes subject to partition and is treated as joint family property or other applicable laws. Prithvi Singh VS Additional Commissioner Of Wealth - Rajasthan, Raj Gajendra Singh VS Board of Revenue for Rajasthan, Ajmer - Rajasthan, Jalam Singh VS Smt. Narain Kanwar - Rajasthan, Pt. Jayvant Rao VS Pt. Chandrakant Rao - Rajasthan, Gopal Singh VS State of Rajasthan - Rajasthan, LRs of Sajjan Singh VS State of Rajasthan - Rajasthan, Laxman Singh VS Himmat Singh - Rajasthan, Yashwant Kanwar VS State of Rajasthan - Rajasthan
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Resumption and Its Effect - Resumption of jagir by the state results in the loss of its impartible status. Post-resumption, the property ceases to be an impartible estate and is treated as joint family property, subject to partition or succession laws. The impartible estate's unique status is thus not permanent and can be revoked upon state action. Raj Gajendra Singh VS Board of Revenue for Rajasthan, Ajmer - Rajasthan, Pt. Jayvant Rao VS Pt. Chandrakant Rao - Rajasthan, LRs of Sajjan Singh VS State of Rajasthan - Rajasthan, Laxman Singh VS Himmat Singh - Rajasthan, Yashwant Kanwar VS State of Rajasthan - Rajasthan
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Legal and Judicial View - Courts have consistently held that the loss of impartibility occurs when the estate is resumed or partitioned, and thereafter, the property is governed by laws applicable to joint family or other property rights. The character of the estate depends on specific legal actions such as partition, sale, or resumption. For example, in Rajasthan, after the jagir's resumption, the estate's impartible character was deemed lost, making it subject to different legal considerations. Prithvi Singh VS Additional Commissioner Of Wealth - Rajasthan, Raj Gajendra Singh VS Board of Revenue for Rajasthan, Ajmer - Rajasthan, Jalam Singh VS Smt. Narain Kanwar - Rajasthan, Pt. Jayvant Rao VS Pt. Chandrakant Rao - Rajasthan, Gopal Singh VS State of Rajasthan - Rajasthan, LRs of Sajjan Singh VS State of Rajasthan - Rajasthan, Laxman Singh VS Himmat Singh - Rajasthan
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Special Laws and Acts - Various laws like the Madras Estates Act, Rajasthan Land Reforms Act, and others specify that the impartible nature can be lost through resumption or partition, affecting succession and property rights. These laws often emphasize that the impartible character is a legal fiction that can be revoked, altering the estate's legal status. Rajah Velugoti Kumara Krishna, Yachendra Varu VS Rajah Velugoti Sarvagna Kumara, Krishna Yachendra Varu - Supreme Court, Laxman Singh VS Himmat Singh - Rajasthan
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Implication for Succession and Partition - Once the impartible character is lost, the estate can be partitioned among heirs or subjected to other forms of transfer. The rule of primogeniture may no longer apply, and the property may be treated as joint Hindu family property or other applicable categories. Jalam Singh VS Smt. Narain Kanwar - Rajasthan, Gopal Singh VS State of Rajasthan - Rajasthan, LRs of Sajjan Singh VS State of Rajasthan - Rajasthan
Analysis and Conclusion
The impartible character of a jagir estate is a legal fiction that persists as long as the estate remains under the original conditions. However, legal actions such as resumption by the state, sale of bonds, or partition lead to the loss of this character. Once lost, the estate no longer retains its impartible status and becomes subject to laws governing joint family property, succession, or partition. Courts have consistently upheld that the impartible nature is not immutable and can be revoked by law, especially upon state intervention or legal partitioning. This understanding is crucial for determining property rights, succession, and taxation related to jagir estates.
Search Results for "Jagir Estate Impartible Character when Lost"
1984 0 Supreme(Raj) 232 • India - Rajasthan
DWARKA PRASAD, K.S.LODHA
The court reasoned that the impartible estate lost its character of impartibility upon the partition of the sale proceeds of the ... estate lost its character of impartibility upon the partition of the sale proceeds of the jagir bonds. * The legal fiction created ... WEALTH TAX - Impartible estate - Partition of sale proceeds of jagir bonds - Whether assets transferred to wife and minor sons ... t....
2000 0 Supreme(Raj) 158 • India - Rajasthan
J.C.VERMA
be covered u/Sec. 30-DD of the Tenancy act (Amendment) – After resumption of jagir, impartible character of property is lost and ... was impartible estate – Succession was governed by the rule of premogeniture – Subsequent appeals were rejected – Application of ... Rule of premoginature after resumption/abolition of jagir in August, 1954 – Held – The share of the married daughters could not ... State of Rajasthan & Ors. (1) wherein it was held that a....
1984 0 Supreme(Raj) 248 • India - Rajasthan
K.S.LODHA
Narain Kanwar and others, contended that the properties were impartible jagir properties governed by the rule of primogeniture and ... The court also held that the Haveli was not joint Hindu family property but was impartible jagir property and that the plaintiff ... and such property as also the compensation received or receivable by the Jagirdar would still retain the same character. ... The contention that after the resumption of the jagir, remaining estate #HL_ST....
1966 0 Supreme(Raj) 27 • India - Rajasthan
BHANDARI, SHINGHAL
All the movable and immovable property which was of the joint family before 22.1.38 cannot be deemed to have lost its character of ... (a) Mutation—State grants of impartible Jagirs — Mutation in name of new Jagir holder —Such mutation not summary but final and cannot ... being joint family property because the Jagir was held to be impartible in future by order of the Ruler. ... All the movable and immovable property which was of the joint family before 22.1.38 cannot....
1983 0 Supreme(Raj) 112 • India - Rajasthan
DWARKA PRASAD
However, since the Jagir was resumed, the impartible character of the property was lost and the joint family property became subject ... property was impartible in nature and was governed by the rule of primogenitures. ... (c) Tenancy Act—Rajasthan Tenancy (Fixation of Ceiling of Land) Government Rules, 1963—R. 17 (1), (2) and (4)—Jagir Land—Ancestral ... Thus, if the impartible character of the property was lost on account of the r....
1969 0 Supreme(SC) 470 • India - Supreme Court
A.N.GROVER, J.C.SHAH, V.RAMASWAMI
Act - Ancient impartible estate - Holder of the Zamindari - Suit for partition - First defendant in suit was holder of Zamindari ... Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 - Madras Impartible Estates Act, 1904 ... - Abolition Act - Section 66, 45 and 50 - Madras Estates Land Act, 1908 - Section 3 - Nellore district included Impartible Estates ... But `the buildings have acquire the character of impartibili....
2014 0 Supreme(Raj) 1981 • India - Rajasthan
ARUN BHANSALI
Thus, if the impartible character of the property was lost on account of the resumption of jagir, then the property would still bear the character of a joint family property. A smilar matter was considered by a division bench of this Court in Thakur Gopalsingh of Badnor v. ... However. since the jagir was resumed, the impartible character of the property was lost and the joint family property became subject to partition. So the co-s....
2018 0 Supreme(Del) 3017 • India - Delhi
S.RAVINDRA BHAT, A.K.CHAWLA
, Impartible Estate, Hindu Undivided Family] - The court discussed the nature of the ruler's status, the concept of impartible estate ... Gift Tax - Impartible Estate - Indian Income Tax Act, 1922, Indian Income-tax Act, 1961 - [Sawai Man Singh] - [Succession to Gaddi ... Issues: The issues revolved around the late ruler's status as the holder of an impartible estate, the application of Hindu ... It was said that the junior members had a present rig....
2006 0 Supreme(Raj) 849 • India - Rajasthan
S.P.PATHAK
Rajasthan Land Reforms and Resumption of Jagir Act, 1952, Sec. 9, 21, 22, 23 & 46 — Khatedari rights in jagir land — Resumption of ... jagir land —Bar of Jurisdiction of Civil Court? ... In Para 11 of the judgment, it has been observed as under:— ... "Thus, if the impartible character of the property was lost on account of the resumption of jagir, then the property would still bear the character of a joint family property. ... However, since the #HL_....
2006 0 Supreme(Raj) 467 • India - Rajasthan
K.S.RATHORE
highlighted the need for appropriate action against law officers and the necessity of considering the reply submitted on behalf of the State ... In support of his submissions, learned Counsel for the petitioner placed reliance on the Judgment of this Court in the case Gopal Singh vs, State of Rajasthan & Ors., reported in 1983 RLR 915 wherein the Court has held that after resumption of Jagir impartible character of property lost and Joint Hindu ... State of Rajasthan ....
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