Preferential right under hindu law. Section 22 Of The Hindu Succession Act 2022-10-10
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Preferential Right Of Heirs Under Section 22 Of Hindu Succession Act Applicable Also To Agricultural Lands: SC [Read Judgment]
Since the right itself in certain cases was created for the first time by the provisions of the Act, it was thought fit to put a qualification so that the properties belonging to the family would be held within the family, to the extent possible and no outsider would easily be planted in the family properties. It would therefore be necessary to examine whether the requirements of Section 22 1 of the said Act stand satisfied in the present case. Inheritance: An illegitimate child is not entitled to inherit the property of the father but can inherit the property of the mother. Adikanda Chhatoi and others AIR 1988 Orissa 285 and Dwijabrata Das and others Vs. Pre-emption laws enacted by State legislatures are examples where preferential rights have been conferred upon certain categories and classes of holders in cases of certain transfers of agricultural lands. This means that section 21 is intended to apply in the circumstances of catastrophe and presumes that the younger person survived the elder one but this can be rebutted on the basis of evidences. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.
The Act is applicable to all Hindus, incorporates intestate succession and testamentary succession. They are both part of the same concept. The bench of Justices A M Khanwilkar and Ajay Rastogi rendered the decision. As stated above, it was the specific case of the plaintiffs that pursuant to partition in the year 1957 field Survey No. This is only possible through legal fiction which s adopted by legal systems.
Law Web: What is distinction between preferential right" under S.22 of Hindu Succession Act and right of Pre
Since the right itself in certain cases was created for the first time by the provisions of the Act, it was thought fit to put a qualification so that the properties belonging to the family would be held within the family, to the extent possible and no outsider would easily be planted in the family properties. It is also provided that if two or more heirs of Class I wish to purchase the property or interest then, he who offers the highest price is to be preferred. There are two ways in which the property will devolve after the death of a person — according to the Will i. Under the Shastrik Law, the interest of a coparcener would devolve by principles of survivorship to which an exception was made by virtue of Section 6 of the Act. Not consenting or withdrawing consent, may adversely affect certain features and functions. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies.
Preferential right of heirs under section 22 of Hindu Succession Act applicable also to agricultural lands
Entirety Of Plaint Averments Have To Be Taken Into Account While Considering A Plea Seeking Rejection Of Plaint The entirety of the averments in the plaint have to be taken into account while considering a plea seeking rejection of plaint, the Supreme Court has reiterated. Before we consider the issues in question, we must refer to the decision of this Court in Vaijanath and ors. Land, that is to say, rights in or over land, land tenures, including the relation of landlord and tenant and the collection of rents; transfer, alienation and devolution of agricultural land; land improvement and agricultural loans; colonization; Courts of Wards; encumbered and attached estates; treasure trove. The concept of legitimization Legitimization is a process of recognizing a child to be legitimate. The offer of a stranger is no offer under this sub-section. Taxes on income other than agricultural income.
Agricultural Lands Can Have The Preferential Rights Of Heirs Under Section 22 Of Hindu Sucession Act.
We now turn to the next stage of discussion. It, therefore, set aside the transfer of suit land in the name of Babu Ram by the second brother. Cross Objection Should Be Disposed On Merits Notwithstanding Dismissal Of Appeal The Supreme Court has observed that cross has to be disposed of on its merits by assigning reasons notwithstanding the dismissal of the appeal. Amar Singh and Ors. Section 22 does not provide for devolution of agricultural lands.
Law Web: Whether preferential right given U/S 22 of Hindu succession Act is applicable to agricultural land?
In a case of two or more heirs specified in class I of the Schedule proposing to acquire any interest under the above rule, that heir who offers highest consideration for the transfer shall be preferred. AIR 1971 Mysore 151 Nahar Hirasingh and Ors. Is Amendment Of Pleadings Allowed After Commencement Of Trial? Second Appeal Not To Be Dismissed Merely On The Ground Of 'Concurrent Findings' The Supreme Court has observed that a High Court cannot dismiss a second appeal merely on the ground that that there is a concurrent finding of two Courts whether of dismissal or decreeing of the suit , and thus such finding becomes unassailable. We, therefore, conclude that the preferential right given to an heir of a Hindu under Section 22 of the Act is applicable even if the property in question is an agricultural land. The bench of Justice A M Sapre and Dinesh Maheshwari passed the order in the case , which was an appeal against a High Court judgment, which set aside a preliminary decree under Order IX Rule 13 CPC.
The Apex Court held that the preferential right given to heir of a Hindu under Section 22 of the Hindu Succession Act, 1956 is applicable even if the property in dispute is agricultural land. It is with this objective that a preferential right was conferred upon the remaining heirs, in case any of the heirs was desirous of transferring his interest in the property that he received by way of succession under the Act. Therefore, it must be held that Section 22 does not embrace agricultural lands. There is no exclusion of agricultural lands from Entry 5 which covers Wills, intestacy and succession as also joint family and partition. Further, the court held that all High Court Judgements which are in contravention to the law stand overruled. The bench comprising of Justice Mohan M.
Under the Shastrik Law, the interest of a coparcener would devolve by principles of survivorship to which an exception was made by virtue of Section 6 of the Act. FastForward Justice wants to present the law in its simplest form which will be easy to understand or learn for a layman. Baldev Singh and Ors. FastForward Justice Sole Proprietorship is an online legal organisation which is aimed at advancing the present legal education within the country. The bench comprising Justice Arun Mishra, Justice MR Shah and Justice BR Gavai observed that under the provisions of Section 9A and Order XIV Rule 2, it is open to decide preliminary issues if it is purely a question of law and not a mixed question of law and fact by recording evidence.