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Judgment Search Results Home > Cases Phrase: hindu succession act 1956 section 22 preferential right to acquire property in certain cases Page 1 of about 509 results (0.178 seconds)

Nov 01 2011 (HC)

Ponnumani Nadar Vs. N.Natarajan

Court : Chennai

..... , the plaintiff was having access to a- schedule property through 'b' and 'c' schedule of properties only and there is no other way. the parties are hindus governed by the hindu succession act, 1956. by virtue of section 22 of the act, if any co-sharer intends to alienate his or her share, the other sharer has got a preferential right to acquire the share proposed to be alienated. the defendants 2 ..... and 3 are negotiating for the sale of 'b' and 'c' schedule properties and the plaintiff asked them to sell the ..... co-heirs and therefore, preferential right to acquire property cannot be claimed by the plaintiff. the learned counsel for the appellant would further contend that the preferential right could be claimed only as against class-i heirs and the 1st defendant being the paternal uncle of the plaintiff, he cannot invoke the provisions of section 22 of the hindu succession act (herein after referred to as the act).10. per contra, mr .....

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Oct 10 1969 (HC)

Nagammal and ors. Vs. Nanjammal and anr.

Court : Chennai

Reported in : (1970)1MLJ358

..... of this act, an interest in any immovable property of an intestate, or in any business carried on by him or her, whether ..... . the lower appellate court inter alia remarks that section 22 does not provide as to what is to happen if one of the co-heirs sells his or her interest without informing the other co-heirs who have preferential right, the section not providing for any notice being given.3. section 22 of the hindu succession act, 1956 under the marginal heading ' preferential right to acquire property in certain cases ' runs thus ;where, after the commencement ..... of rs. 1,000. the suit has been instituted on 12th july, 1960 in assertion by the plaintiffs of their preferential right to purchase her l/5th share under section 22 of the hindu succession act. during his lifetime, bomma naicken had created a mortgage over his properties for rs. 2,000 in favour of the 1st plaintiff as evidenced by exhibit a-l dated 21st may, 1952 .....

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Oct 29 1957 (HC)

Kesar Devi Vs. Nanak Singh

Court : Punjab and Haryana

Reported in : AIR1958P& H44

..... far as the question of the right of pre-emption is concerned, even in the hindu succession act 1956, section 22 provides for preferential right to acquire property in certain cases so that the very act upon which the learned counsel places reliance gives recognition to a statutory right of pre-emption and the right of pre-emption in regard to urban immoveable property under the act is also a statutory right of pre-emption though it is ..... based on the proof of custom as to the existence of the right.this ..... argument based on section 4 of the-hindu succession act, 1956, does not in the least show that there is any contravention of the provisions of article 14 of the constitution because-the right of pre-emption under the act in regard-to urban immoveable property still continues to exist. the hindu succession act, 1956, relates to a subject matter which is obviously .....

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Dec 08 2014 (HC)

Bhilaji Bandu Sutar and Lohar Vs. Rangarao Shankar Sutar and Others

Court : Mumbai

..... to the same. 25. the plaintiffs filed cross objection in the present second appeal claiming pre-emption right under section 22 of the hindu succession act in respect of the suit property. section 22 of the hindu succession act, 1956 reads thus: ??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 intestate, or in any business carried on by him or her, whether solely or ..... be set aside and hold that the plaintiff has a preferential right to acquire the suit property. 18. on the basis of these submissions, the learned counsel for the plaintiffs submits that the view taken by the appellate ..... entitled to the right of pre-emption under section 22 of the hindu succession act, 1956 in respect of the suit property. he submits that bare reading of section 22 states that class i heir can claim pre-emption right in respect of huf property at the time of partition. hence, judgment and decree passed by the lower appellate court rejecting plaintiffs' prayer for pre-emption right under section 22 of the hindu succession act is required to .....

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Feb 18 2000 (HC)

Krishnapada Roy Alias Saha and anr. Vs. Parimal Chandra Saha and anr.

Court : Guwahati

..... to the plaintiff so that the plaintiff would have exercised the right of acquiring the property under the provision of section 22 of the hindu succession act. undisputedly, as indicated above, though the property is ancestral property but the parties arc living separately and as long back as in the year 1926, the property was partitioned.section 22 of the hindu succession act, 1956 provides as under :-- '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 ..... the heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred. apparently, section 22 of the hindu succession act envisages the right of pre-emption in those cases where the partition of the property is incomplete. such right cannot be claimed where the property has already been partitioned. in bhagirathi chhatoi v. adikanda chhatoi .....

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Feb 28 2011 (HC)

Ghanshyam Vs. Sanghmitra Datta and Another

Court : Chhattisgarh

..... holding, no partition took place between the parties. 15. so far as question of right of pre-emption is concerned. section 22 of the hindu succession act, 1956 reads as under : "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 intestate, or in any business carried on by him or her, whether solely ..... duty and registration. he would further submit that even if it is held that partition had taken place between plain-tiff and defendant no.1, preferential right to acquire property under section 22 of the hindu succession act is not lost. 11. i have heard learned counsel for the parties and perused the record of the trial court. 12. basic questions which ..... and defendant no.1, the suit property still is joint property. she has right of pre-emption, contrary to it, the same has been sold by the ..... a notice was sent by plaintiff to defendant no.1 claiming right of preemption in the suit property. the said notice was returned unserved (ex. p-3). 4. on 12-3-1997, the plaintiff filed a suit claiming right of pre-emption under section 22 (1) of the hindu succession act, 1956 (briefly, 'the act'). according to plaintiff, there was no complete partition between plaintiff .....

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Feb 20 2006 (HC)

Smt. Kusum Kumria and ors. Vs. Shri S.P. Kumria and anr.

Court : Delhi

Reported in : 2006(88)DRJ233

..... purchase the undivided share of defendant no. 1 on the basis of the provisions of section 22 of the hindu succession act, 1956. the said section reads as under:- 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 on by him or her, whether solely or in conjunction with others, devolve upon two or ..... , and includes any other court which the state government may, by notification in the official gazette, specify in this behalf.'2. upon a reading of section 22 of the hindu succession act, 1956 (hereinafter referred to as 'the said act'), it becomes clear that a preferential right to acquire property has been granted to heirs of the intestate specified in class i. the word 'intestate' has been defined in the said ..... happened was that during the pendency of a partition suit certain properties were sought to be transferred by one of the parties. the plaintiffs filed an application for an order restraining the defendants from transferring the same. the plaintiffs sought such a restraint on the basis of their alleged preferential rights under section 22 of the hindu succession act, 1956. the court of the first instance had directed the defendants .....

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Aug 06 2012 (HC)

M. Ramasamy and Others Vs. S. Duraisamy and Others

Court : Chennai

..... of the first defendant in the suit properties by virtue of section 22 of the hindu succession act, 1956. of course section 22 of the hindu succession act, 1956 provides such a right of preemptive purchase to all the class 1 heirs when they inherit the immovable property from a common ancestor by way of intestate succession. for the sake of convenience, the said section is reproduced 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 ..... -clauses (1) and (2) are read in conjunction with sub-clause (3) of section 22. 7. sub clause (3) of section 22 of the hindu succession act, 1956 says that, in case there are two or more heirs specified in class 1 and they propose to acquire any interest under the section by exercising the preferential right to acquire, then the heir, who offers the highest consideration for the transfer, shall be preferred .....

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Feb 23 2015 (HC)

M/S. Pawan Proproties Vs. Prohlad Rai Dhanania @ Agarwal

Court : Kolkata

..... the case of ashutosh chaturvedi-vs.-prano devi reported in air2008sc2171where in paragraph 8 of the judgment, while dealing with section 22 of the hindu succession act, 1956, the supreme court observed that a right claiming preference over a property in terms of a statute ordinarily is a weak right. (15) the last decision relied upon by mr.sengupta is in the case of gadadhar majhi-vs.-jurali ..... to acquire the interest proposed to be transferred. (9) he submitted that the preferential right to acquire property in certain cases as contemplated by the said provision has been given up by the plaintiff. the plaintiff had full ..... act, interest in any immovable property of an intestate, or in any business carried on by him or her, whether solely or in conjunction with others.devolves upon two or more heirs specified in class i of the schedule, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right ..... of facts which are required to be proved for obtaining relief and for the said purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleadings relied on are in regard to misrepresentation, fraud, wilful default, undue influence or of the same nature. so long as the plaint discloses some cause .....

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Oct 08 1996 (HC)

Smt. Shobha Rani and anr. Vs. Shri Parshotam Dass and ors.

Court : Punjab and Haryana

Reported in : (1997)115PLR576

..... gave appearance on behalf of respondents, and with their assistance i have gone through the record of this case.5. section 22 of the hindu succession act reads as follows :-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 intestate or in any business carried on by him or her, whether solely or in conjunction with others ..... to entertain the application.3. from the above pleadings of the parties the trial court framed the following issues :-1) whether this court is competent to entertain petition under 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 ..... by the 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 pran nath .....

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