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...application filed under section 22 of Hindu Succession Act, 1956 for enforcing right of pre-emp...1993 was dismissed holding that for enforcing his right of pre-emption under section 22 of Hindu Succession ...457, 458 and 459 would indicate that application under section 22 of Hindu Succession Act, 1956 shall be...
...of pre-emption available under section 22 of Hindu Succession Act, 1956. Admittedly, she is ent...section 22 of the Hindu Succession Act, 1956. She was ready and willing to pay half of the cons...the plaintiff is entitled to claim right of pre-emption under section 22 of the Hindu Succession Act, ...
.... To start with it was accepted as a part of custom and was applied by the courts, particularly in Northern India, accordingly. It received statutory recognition in Section 22 of Hindu Succession ...aforesaid Hindu Succession Act, both brother and sister are Class II heirs and both of them are in Entry II result of which is that because of what has been provided in Section 11 ..., 1962 Supp 3 SCR 724, 1962 Jab LJ 676 this Court was concerned, inter alia, with the constitutionality of Section 16 of the Punjab Pre-emption Act, 1913, which conferred right of pre-emption...
...the plaintiff under Section 22 of Hindu Succession Act, 1956. The plaintiff has always been and still is...Section 22 of Hindu Succession Act, 1956.”6. The aforesaid averments in the plaint read ...Hindu Succession Act was required to be gone into for deciding the issue as to whether suit was clearly barred under ...
...perused the entire record.21. Section 22 of Hindu Succession Act, 1956 reads as under:—22. Preferential right to acquire property in certain....25. As per section 127 of the Indian Succession Act, 1925 any clause in a Will which is contrary to section 22 of Hindu Succession Act, ...fulfillment of Clause No. 13 creating right of preemption is contrary to section 22 of Hindu Succession Act, 1956, therefore, it become void as per section 127 ...
...trial Court in the suit and hence dismissed the appeal by confirming the order passed by the trial Court. Further, First Appellate Court had observed that right under Section 22(1) of Hindu Succession ...of the family. Therefore, if the respondent Nos.1 and 2 have sold the property to any out side person other than party of the family, the appellants have right of preemption as per Section 22 of ...below have wrongly held that the provisions of Section 22 of Hindu Succession Act is not applicable and without considering the right of preemption available in favour ...
...learned Sub-ordinate Judge- 1st, Muzaffarpur (West) in Miscellaneous Case No. 08 of 2016 filed under Section 22 of Hindu Succession Act, 1956 (hereinafter referred to ...provision of Section 22 of Hindu Succession Act, 1956 does not apply and liable to be rejected.
7. The petitioner opposed the said petitions by fil...for the petitioner has submitted firstly that Order VII Rule 11 C.P.C. applies only in a case of plaint in suit and Miscellaneous case under Section 22 of the Hindu Succession Act, ...
...property of deceased Prabhudayal and after his death, ¼ share of the said property is devolved to each of the parties by way of succession. It is contended in this suit that without getting the partition d...2006 RN 207, the provision of section 22 of Hindu Succession Act has no application on ...argued that the provision of section 22 of Hindu Succession Act has no application on agricultural land....
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6. The Trial Court held that preferential right to purchase the property is not available under Section 22 of the Hindu Succession Act, 1956 (for short '...records.
11. Section 22 of Hindu Succession Act, 1956 read as under:
22. Preferential right to acquire property ... under this section, that heir who offers the highest consideration for the transfer shall be preferred."
12. From the language employed in Section 22 of the...
...Section 22 of Hindu Succession Act, 1956. We hold that the view taken by the Hon'ble single Judge holds g...under Section 22 of the Hindu Succession Act.4. Both of us had gone through the judgment passed by the Hon'ble single Judge who has taken great pains in analysing the point...purchase of the share and property inherited by D. 3 because of Section 22 of the Hindu Succession ...
...No.1 in his favour from defendant No.2 without payment of any consideration. For which, the plaintiffs in exercising their preferential rights under Section 22 of the Hindu Succession Act....
14. It is the settled propositions of law that, the right of pre-emption under Section 22 of the Hindu Succession Act, 1956 is a ve...legitimate methods.
15. The preferential right to acquire properties envisaged under the head of Section 22 of Hindu Succession Act, 1956 cann...
...Section 22 of Hindu Succession Act. The learned trial court after appreciation of evidence held that the plaintiffs have successfully proved that they are the owner of the disput...have the preferential right to purchase his share of the land from appellant No.2/defendant No.1 as per Section 22 of Hindu Succession
2...land as per Hindu Succession Act. The said disputed land has yet not been partioned. Joint ownership and possession is mentioned in the revenue record. In such circumstances, respondents No.1 and 2...
...of having a preferential right to repurchase the suit property in view of the provision of Section 22(1) of the Hindu Succession Act is sustainable in the eye ...Court upon proper interpretation of the provision contended in section 22 of the Hindu Succession Act as well as Section 44 of the transfer of Property ....
"The object of sub-section (1) as we understood it is that in cases where by virtue of intestate succession under the Act, any interest in immovable property has devo...
...Section 22 of Hindu Succession Act, 1956 and the applicability of Article 97 of the Limita...under Section 22 of the Hindu Succession Act was barred by limitation, as the same was filed beyond one year ...the word “pre-emption” is derived from “pre-emption” and pre-emption is thus an act of buying before another. Hence, it must be held that the right which is conferred by Section 22 of the Act is a...
...and 2, i.e Madan Lal and Roshan Lal and the pro forma defendant Sh. Haria for possession under Section 22 of the Hindu ...Sh. Braham Dass for possession under Section 22 of the Hindu Succession Act, 1956 in respect of...possession of land as per Section 22 of Hindu Succession Act?7. It will be pertinent to...
...created exclusive ownership, which was never challenged by the plaintiff. He submits that under Section 22 of Hindu Succession Act, 1956, the right of preferential purchase appli... alienation of suit property through a registered instrument, the present suit is barred by Section 91 & 92 of Evidence Act. Plain reading of those two sections would make it ver.../defendant No.5 before the trial Court has preferred this Civil Revision Petition under Section 115 of Code of Civil Procedure against the Order passed on IA.1 filed under Order VII Rule 11(a) and (d) of...
...proceedings separately under Section 22 of the Hindu Succession Act, 1956.3. The appellan...Sarkar (AIR 2009 Cal. 8)]. The appellant did not raise the claim under Section 22 of the Hindu ...V. Chitambaresh, J.:— We do not find any ground to interfere with the final decree for partition passed by the court below based on the report and plan of the Advocate Commissioner. The...
...section 22 of Hindu Succession Act, 1956 and then the Bombay High Court said that the same is similar to...the two sets of appellants in the instant appeals for specific performance of an agreement for sale pertaining to agricultural plots. The operative portion of the judgment dated 22-5-1971 of the trial...decree-holder initiated execution proceedings being execution case No. 69 of 1973 on 10-7-1973. Both the sets of judgment-debtors filed objection under section 47 of the Civil...
...present appellant is stated to have filed an application under Section 22 of the Hindu Succession Act, ...Section 22 of the Hindu Succession Act, 1956 is purported to have preferred CM(M) No. 1979/2005 which wa...counsel for the appellant before this court is that his preferential right under Section 22 of the Hindu Succession ...
...fragmentation the operation of such law shall not be affected by the Hindu Succession Act.”27. The learned counsel ...section 22 of Hindu Succession Act, 1956 or the decisions based therein were not relevant for purpose ...Section 6 of Hindu Succession Act, 1956 and the sons as well as daughters i.e the plaintiff and all the defendan...