1Punjab Custom (Power to Contest) Act, 1920*
| [Punjab Act No. 2 of 1920] | [1st May, 1920] |
| 1 | 2 | 3 | 4 |
| Year | No. | Short title | Whether repealed or otherwise affected by legislation |
| 1920.. | II | The Punjab Custom (power to contest) Act, 1920, | Amended by the Indian Independence (Adaptation of Bengal and Punjab Acts) order of 1948 (G.G.O. 40) |
| Amended by the Adaptation of Laws Order, 1950 | |||
| Extented to Pepsu Teritory by Punjab Act 43 of 19602 |
An Act to restrict the power of descendants or collaterals to contest an alienation of immoveable property or the appointment of an heir on the ground that such alienation or appointment is contrary to custom.
Whereas it is expedient to enact certain restrictions on the power of descendants or collaterals to contest an alienation of immoveable property or the appointment of an heir on the ground that such alienation or appointment is contrary to custom: And whereas the previous sanction of the Governor-General has been accorded under section 79(2) of the Government of India Act, 1915, to the passing of this Act; It is hereby enacted as follows:-
1 For Statement of Objects and Reasons, see Punjab Gazette, 1919, Part V, pages 24-25, for Proceedings in Council, see ibid, 1919, Part V. pages 73-82, 424 and ibid, 1920, Part V, pages 103-119.
2 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1960, page 2010.
* [Received the assent of the Lieutenant-Governor of the Punjab on the 6th April, 1920, and that of the Governor-General on the 1st May, 1920, and was first published in the Punjab Gazette of the 28th May, 1920.]
1Punjab Custom (Power to Contest) Act, 1920*
| [Punjab Act No. 2 of 1920] | [6th April, 1920] |
| 1 | 2 | 3 | 4 |
| Year | No. | Short title | Whether repealed or otherwise affected by legislation |
| 1920 | 2 | The Punjab Custom (Power to Contest) Act, 1920 | Amended by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948 (G.G.O. 40). Amended by the Adaptation of Laws Order, 1950. Extended to the territories which immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union by Punjab Act 43 of 19603. Amended by Haryana Adaptation of Lams (States and Concurrent Subjects) Order, 19684. |
An Act to restrict the power of descendants or collaterals to contest an alienation of immovable property or the appointment of an heir on the ground that such alienation or appointment is contrary to custom.
Whereas it is expedient to enact certain restrictions on the power of descendants or collaterals to contest an alienation of immovable property or the appointment of an heir on the ground that such alienation or appointment is contrary to custom: and whereas the previous sanction of the Governor-General has been accorded under section 79(2) of the Government of India Act, 1915, to the passing of this Act; It is hereby enacted as follows:-
1. For Statement of Objects and Reasons, see Punjab Gazette, 1919, Part V, pages 24-25, for Proceedings in Council, see ibid, 1919, Part V, pages 73-82, 424 and ibid, 1920, Part V, pages 103-119.
* [Received the assent of the Lieutenant-Governor of the Punjab on the 6th April, 1920, and that of the Government General on the 1st May, 1920 and was first published in the Punjab Gazette of the 28th May, 1920]
3. For Statement of Objects and Reasons, see Punjab Gazettes. (Extraordinary). 1960, page 2010.
4. For Statement of Objects and Reasons, see Haryana Gazette, (Extraordinary), dated, the 29th October, 1968.
1. Title and extent.- (1) This Act may be called the Punjab Custom (Power to Contest) Act, 1920.
(2) It extends to 1Punjab.
1 ??? for the words "East Punjab" (which had been inserted for the word "Punjab" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948) by the Adaptation of Laws Order, 1950.
2. Definitions.- In this Act-
"Alienation" includes any testamentary disposition of property.
"Appointment of an heir" includes any adoption made or purporting to be made according to custom.
3. Scope of Act.- This Act shall apply only in respect of alienations of immoveable property or appointments of heirs made by persons who in regard to such alienations or appointments are governed by custom.
4. Savings.- This Act shall not affect any right to contest any alienation or appointment of an heir made before the date on which this Act comes into force.
5. Rights of females.- Nothing in this Act shall apply to any alienation or appointment of an heir by a female.
6. Limitation on the right to contest alienations and appointments of heirs.- Subject to the provisions contained in section 4 and notwithstanding anything to the contrary contained in section 5, 1Punjab Laws Act, 1872 (IV of 1872), no person shall contest any alienation of ancestral immoveable property or any appointment of an heir to such property on the ground that such alienation or appointment is contrary to custom, unless such person is descended in male lineal descent from the great-great-gran of other of the person making the alienation or appointment.
1 See Vol. I.
7. Alienation of non-ancestral property.- Notwithstanding anything to the contrary contained in section 5, 1Punjab Laws Act, 1872 (IV of 1872), no person shall contest any alienation of non-ancestral immoveable property or any appointment of an heir to such property on the ground that such alienation or appointment is contrary to custom.
1 See Vol. I.
1. Title and extent.- (1) This Act may be called the Punjab Custom (Power to Contest) Act, 1920.
(2) It extends to 1[Haryana].
1. Substituted for the word "Punjab" by Haryana Adaptation of Laws (State and Concurrent Subjects) Order, 1968.
2. Definitions.- In this Act-
"Alienation includes any testamentary disposition of property."
"Appointment of an heir" includes any adoption made or purporting to be made according to custom
3. Scope of Act.- This Act shall apply only in respect of alienations of immovable property or appointments of heirs made by persons who in regard to such alienations or appointments are governed by custom.
4. Savings.- This Act shall not affect any right to contest any alienation or appointment of an heir made before the date on which this Act comes into force.
5. Rights of females.- Nothing in this Act shall apply to any alienation or appointment of an heir by a female.
6. Limitation on the right to contest alienadons and appointments of heirs.- Subject to the provisions contained in section 4 and notwithstanding anything to the contrary contained in section 5, 2Punjab Laws Act, 1872 (4 of 1872), no person shall contest any alienation of ancestral immoveable property or any appointment of an heir to such property on the ground that such alienation or appointment is contrary to custom, unless such person is descended in male lineal descent from the great-great-grandfather of the person making the ??? or appointment.
2. See Haryana Code, Volume 1.
7. Alienation of non-ancestral property.- Notwithstanding any anything to the contrary contained in section 5, 2Punjab Laws Act, 1872 (4 of 1872), no person shall contest any alienation of non-ancestral immovable property or any appointment of an heir to such property on the ground that such alienation or appointment is contrary to custom.
2. See Haryana Code, Volume 1.