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Search Results Judgments > Act:HINDU SUCCESSION ACT, 1956 Section 22

Jan 19 1996

Smt. Ammajamma Vs. Smt. Mahadevamma and Anr.

  • Decided on : 19-Jan-1996

Court : Karnataka

Reported in : ILR1996KAR3499; 1996(6)KarLJ139

... was invalid being in breach of Section 22 of Hindu Succession Act and so 2nd defendant, did not derive any right, title, interest in the suit schedule properties under the said so called Gift Deed. Plaintiff claimed himself to be entitled to exercise the preferential right to acquire the property under Section 22 of Act No. 30 of 1956 and preferred the claim to have ... question first to be considered in this appeal is: Whether the plaintiff has been entitled to any right of preferential acquisition under Section 22 of Hindu Succession Act. Section 22 of the Hindu Succession Act reads as under:22.(1):- 'Where, after the commencement of this Act, an interest in any immovable property of an intestate, or in any business carried on by him or her, whether solely ... as such, the said transaction, plaintiff claimed was in contravention and in violation of provisions of Section 22 of Hindu Succession Act. That as such, plaintiff claimed that as said Gift Deed was really a transfer for consideration it was invalid being in breach of Section 22 of Hindu Succession Act and so 2nd defendant, did not derive any right, title, interest in the suit ... that the Court below misconstrued the provisions of Section 22 of the Hindu Succession Act and in taking the view that when the completed transfer has already taken place, in the form of the gift, there was no question of seeking any relief under Section 22(1). It was further urged that right conferred under Section 22(1) is not confined to the case of ...

Jan 11 2008

Madan Lal and Anr. Vs. Braham Dass alias Brahmu and Anr.

  • Decided on : 11-Jan-2008

Court : Himachal Pradesh

Reported in : AIR2008HP71,2008(1)ShimLC427

... Section 22 of the Hindu Succession Act, 1956 is not maintainable.12. A Division Bench of Kerala High Court in Valliyil Sreedevi Amma v. Subhadra Devi and Ors. : AIR1976Ker19 , has held that remedy of other co-sharers to acquire transfer and interest is by way of a suit and application under Section 22 of the Hindu Succession Act, 1956 is not maintainable. Their Lordships have held as under:Section 22 of the Act ... Section 22 of the Hindu Succession Act, 1956 and to give its meaning is to hold that a completed transfer also falls within the ambit of Sub-section (1) and the words 'proposes to transfer' would thus include a completed transfer as well. Their Lordships have held as under:In my opinion, the correct way to interpret the Section 22 of the Hindu Succession Act, 1956 ... that the application under Section 22 of the Hindu Succession Act, 1956 will be maintainable even if there is concluded sale.15. A Division Bench of Punjab and Haryana High Court has held in Jaswant and Ors. v. Basanti Devi 1970 PLJ 587, that the correct way to interpret the Section 22 of the Hindu Succession Act, 1956 and to give its ... Section 22 of the Hindu Succession Act, 1956 is not applicable to agricultural land. Mr. Sharma has strenuously relied upon Jeewanram v. Lichmadev and Anr. . The Rajasthan High Court has held that the words 'immovable property of intestate' do not include agricultural land of intestate and the other heir has no preferential right under Section 22 of the Hindu Succession Act, 1956 ...

Apr 05 1999

Kamal Goel Vs. Purshotam Dass (deceased by L.Rs.) and Ors.

  • Decided on : 05-Apr-1999

Court : Punjab and Haryana

Reported in : AIR1999P& H254

... be transferred. Sub-section (1) of Section 22 of the Hindu Succession Act confers a substantial preferential right while Sub-section (2) of Section 22 of the Act gives a right to the parties to file an application for determination of the consideration for which any interest in the property of the deceased may be transferred. Sub-section (2) of the Section 22 of the Hindu Succession Act cannot be invoked for ... right to sue docs not survive to his heirs.'14. The decision of the Full Bench of the Allahabad High Court in Mohd. Ismail v. Abdul Rashid, AIR 1956 All 1, is also to the same effect.15. A reference may also be made to another decision of Allahabad High Court in Puri Ram v. Durga, (1907) ... Section 22 of the Hindu Succession Act.16. Even assuming for argument's sake that the preferential right conferred under Section 22 of the Hindu Succession Act is heritable and the legal heirs of Chalti Devi can claim that right, that preferential right, the 1st respondent Purshottam Dass, and children of Mohinder Parkash Bindlish are entitled to succeed to the estate of Chalti Devi. Section 15 of the Hindu Succession Act ... that the appeal is not maintainable. It is true that Section 22 confers a preferential right on Class-I heirs to purchase the interest in the immovable property proposed to be transferred. Sub-section (1) of Section 22 of the Hindu Succession Act confers a substantial preferential right while Sub-section (2) of Section 22 of the Act gives a right to the parties to file an ...

Oct 08 1996

Smt. Shobha Rani and Anr. Vs. Shri Parshotam Dass and Ors.

  • Decided on : 08-Oct-1996

Court : Punjab and Haryana

Reported in : (1997)115PLR576

... Section 22 of the Hindu Succession Act, 1956? OPA.2) Whether the petition is maintainable in the present form ? OPA.3) Relief.4. On the conclusion of the proceedings, issue No. 1 was decided in favour of the petitioners and against the respondents. However, issue No. 2 was decided against the petitioners and it was held that their petition under section 22 of the Hindu Succession Act ... Court of Senior Sub Judge, Karnal who dismissed the application of the petitioners Smt. Sobha Rani and Smt. Pushpa Rani daughters of Sh. Pran Nath, Advocate, under Section 22 of the Hindu Succession Act, 1956. The pleadings of the parties can be summarised in the following manner :-Both the petitioner Smt. Shobha Rani and Smt. Pushpa Rani are the daughters of Shri ... a Division Bench authority of this Court where it was held that Section 22 of the Hindu Succession Act merely gives a sort of right of pre-emption. If the right under section 22 is treated analogous to the right of pre-emption then the suit was maintainable and the application under, section 22 of the Hindu Succession Act on the part of the present petitioners was mis-conceived. ... section 22(1) of the Hindu Succession Act, the remedy of the other co-heirs to enforce their transfer interest is by way of a suit and the application under section 22(1) of the Act is not maintainable. The Hon'ble Bench of Kerala High Court after interpreting the provisions of Section 22 came to the conclusion that the object of sub-section (1) of said Section ...

Apr 22 2008

Ashutosh Chaturvedi Vs. Prano Devi @ Parani Devi and Ors.

  • Decided on : 22-Apr-2008

Court : Supreme Court of India

Reported in : AIR2008SC2171; 2008(4)ALT6(SC); (SCSuppl)2008(3)CHN67; [2008(3)JCR162(SC)]; JT2008(6)SC354; (2008)5MLJ840(SC); 2008(7)SCALE279; 2008AIRSCW3352; 2008(4)LH(SC)2795

... the learned Trial Judge as also the High Court wrongly proceeded on the basis of Section 22 of the Hindu Succession Act, 1956 was not attracted in the instant case as the deeds of sale have already been executed. It was submitted that the word 'proposed' occurring in the said section must be given a wider meaning so as to bring within its purview ... a period of 13 years to claim his purported preferential right in terms of Section 22 of the Hindu Succession Act, the same was not maintainable being barred by limitation. Section 22 of the Hindu Succession Act reads, thus:Section 22.-Preferential right to acquire property in certain cases-(1) Where, after the commencement of this Act, interest in any immovable property of an intestate, or in any business carried ... a fresh suit. Plaintiff was required to exercise his right under Section 22 of the Hindu Succession Act within the period prescribed therefor. The said deeds of sale either would be declared valid or invalid. In either way, the appellant cannot take any benefit of the provisions of Section 22 of the Hindu Succession Act.10. It is also idle to contend that as the matters ... of Section 22 of the Act.9. There appears to be another difficulty in the way of the appellants in raising this question. Sub- section (2) of Section 22 of the Hindu Succession Act indicates that a party can enforce a right of pre-emption by making an application to that effect in a Court which has been explained in the Explanation to this Section. If ...

Jul 03 2007

Bharat Machindra Parekar and Anr. Vs. Anjanabai W/o Babarao Thaware an ...

  • Decided on : 03-Jul-2007

Court : Mumbai

Reported in : 2007(5)ALLMR728; 2007(6)BomCR319; 2007(6)MhLj706

... the question whether the right of preemption conferred by Section 22 of the Hindu Succession Act could be enforced by the plaintiff after the alienations were made and what is the purport of expression 'any one of such heir proposed to a transfer his or her interest' as used in Sub-section (1) of Section 22 of the Hindu Succession Act, 1956.8. The fact that the plaintiff and ... the plaintiff is entitled to claim right of pre-emption under Section 22 of the Hindu Succession Act, 1956. Though no substantial question of law is formulated and framed, yet I deem it proper to proceed on the assumption that the question whether the right of preemption conferred by Section 22 of the Hindu Succession Act could be enforced by the plaintiff after the alienations were made ... of the merits, I find it difficult to interfere with the findings of the First Appellate Court.5. Original plaintiff Anjanabai claimed right of pre-emption available under Section 22 of Hindu Succession Act, 1956. Admittedly, she is entitled to half share in the suit land. She is daughter of original defendant No. 1 Trivenibai. The relationship would be clear from the ... legal heir of the deceased Yedba and further claimed remaining half share alienated by her mother, in the exercise of her right of pre-emption available under Section 22 of the Hindu Succession Act, 1956. She was ready and willing to pay half of the consideration amount in lieu of the said share. The trial Court partly decreed the suit holding that ...

Apr 22 2008

Smt. Bina Sukla Vs. Smt. Meena Devi Panch and Ors.

  • Decided on : 22-Apr-2008

Court : Orissa

Reported in : 106(2008)CLT330; 2008(II)OLR97

... of preemption under Section 22(1) of the Hindu Succession Act, the appellant-plaintiff had also right of re-purchase of the property sold to defendant Nos.2 and 3 in view of the provisions of Section 44 of the Transfer of Property Act and Section 4 of the Partition Act. The object of Section 44 of the Transfer of Property and Section 4 of the Partition Act is basically ... seek address of the civil Court in order to exert right of preemption under Section 22(1) of the Hindu Succession Act. Such elaborate discussion was unnecessary because the matter has been set at rest in several decisions of this Court. Analysing the scope of Section 22(1) and (2) of the Hindu Succession Act, in the case of Muralidhar Das v. Bansldhar Das and Ors. AIR 1986 ... the plaintiff has a right of preemption under Section 22(1) of the Hindu Succession Act, even though, the sale by defendant No. 1 in respect of the undivided property in favour of a stranger was complete. Section 22 is extracted hereunder:22. Preferential right to acquire property in certain cases-(1) Where, after the commencement of this Act, an interest in any immovable property of an ... a decree of preemption under Section 22(1) of the Hindu Succession Act even though the sale by defendant No. 1 in respect of the undivided property in favour of a stranger was completed ?(iii) Whether the plaintiff is entitled to the reliefs under Section 4 of the Partition Act read with the proviso of Section 44 of the Transfer of Property Act on the basis of ...

Mar 07 2000

P. Srinivasamurthy Vs. P. Leelavathy and 6 others

  • Decided on : 07-Mar-2000

Court : Chennai

Reported in : 2000(2)CTC159; (2000)IIMLJ275

... section (1) of Section 22 and in such a suit, the question of invalidity of the sale already effected by the co-sharer will be incidentally investigated and decided.In Muralidhar's case, : AIR1986Ori119 , while interpreting Section 22(2) of the Hindu Succession Act the learned Judge has observed that Section 22(2) does not lay down the procedure for the enforcement of the right of pre-emption conferred under Section 22 ... Section 22 and in such a suit, the question of invalidity of the sale already effected by the co-sharer will be incidentally investigated and decided.In Muralidhar's case, : AIR1986Ori119 , while interpreting Section 22(2) of the Hindu Succession Act the learned Judge has observed that Section 22(2) does not lay down the procedure for the enforcement of the right of pre-emption conferred under Section 22(1). S. 22 ... Section 22(1) of the Hindu Succession Act, when the sale has been completed in favour of the seventh defendant.7. Before the learned single Judge, as also before us the argument of the defendants was that the plaintiff having failed to exercise his right for preferential purchase granted under Section 22(1) of the Hindu Succession Act, ... from exercising his right under Section 22 of the Hindu Succession Act. He has further argued that there is no basis for the finding of the learned Judge that the appellant has expressed his inability to exercise the right of pre-emption in accordance with the provisions of the Hindu Succession Act. According to the ...

Mar 09 2011

SMT. LEELA DEVI And ANR Vs. BIJAY PRASAD And ANR.

  • Decided on : 09-Mar-2011

Court : Patna

... that Section 22 of the Hindu Succession Act is also not maintainable because the plaintiffs are not the immediate class I heirs of Dargahi Sao and moreover, since there had already been partition orally in the year 1972, Section 22 is also not applicable but the learned Court below has wrongly decreed the suit. The learned counsel further submitted that Section 22 of the Hindu Succession Act applies ... way of an application under section 22(2) of the Act."(18) Admittedly, defendant no.2 in this case is stranger to the family. The object of legislature in enacting Section 22 of the Hindu Succession Act is to provide a cheap and speedy remedy. This preferential right is in addition to the right under Section 4 of the Partition Act. Implicit in the provision was ... preferential right under section 22(1) to acquire the transferred interest is by way of a regular civil suit before the competent civil court and not by way of an application under section 22(2) of the Act."(18) Admittedly, defendant no.2 in this case is stranger to the family. The object of legislature in enacting Section 22 of the Hindu Succession Act is to ... the pre-emption suit was filed under the provision of Section 22 of the Hindu Succession Act and for the first time, before this Court, it is submitted that the plaintiff filed the suit under Section 22. So far this submission is concerned, it may be mentioned here that Section 4 of the Partition Act applies when suit is filed for partition by the purchaser. ...

Jan 07 1998

Smt. Kamala Kumari Bohara Vs. Harekrishna Ghadei and Ors.

  • Decided on : 07-Jan-1998

Court : Orissa

Reported in : AIR1998Ori196

... sale deed was valid so far as it related to hall share of plaintiffs mother in the disputed property. However, applying the provisions contained in Section 22 of the Hindu Succession Act, 1956, the lower appellate Court directed that the plaintiff was entitled 13 re-purchase the suit land on payment of Rs. 100/- which was the consideration amount ... Section 4 of the Partition Act. Merely because there was no reference to Section 22 of the Hindu Succession Act, it cannot be said that the suit was not one for pre-emption. Whether or not the provisions of Section 4 of the Partition Act were attracted, the fact remains that there was a prayer by the plaintiff for re-purchasing the property. The terms of Section 22 ... Section 4 of the Partition Act were attracted, the fact remains that there was a prayer by the plaintiff for re-purchasing the property. The terms of Section 22 appear to be wider than the provision contained in Section 4 of the Partition Act. Since admittedly, the plaintiff and his mother had succeeded to the interest of Bhikari Ghadei, the provisions contained in Section 22 of the Hindu Succession Act ... Section 22 of the Hindu Succession Act, it cannot be said that the suit was not one for pre-emption. Whether or not the provisions of Section 4 of the Partition Act were attracted, the fact remains that there was a prayer by the plaintiff for re-purchasing the property. The terms of Section 22 appear to be wider than the provision contained in Section 4 of the Partition Act ...

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