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Showing posts with label pre-emption suit. Show all posts
Showing posts with label pre-emption suit. Show all posts
Thursday, 23 April 2026

Bombay HC: Testamentary demarcation amounts to partition.

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  As regards jointness, it is not in dispute that the property has devolved on three sons by virtue of will executed by their father. The wi...

Bombay HC: Section 22 of the Hindu Succession Act applies only to intestate succession.

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  There is another reason for which right of preemption will not be available i.e. the property has devolved by testamentary succession and ...

Bombay HC: Section 44 of the Transfer of Property Act does not invalidate sale by a co-owner.

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In view of the aforesaid, in the considered opinion of this Court, even Section 44 of the TP Act does not come to the aid of the plaintiffs ...

Bombay HC: Mutation entries cannot determine the nature of property held by a co-owner

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   As regards jointness, it is not in dispute that the property has devolved on three sons by virtue of will executed by their father. The w...

Bombay HC: Descendants of Class-I heirs cannot claim pre-emption under Section 22 of the Hindu Succession Act

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Section 22 of the Hindu Succession Act provides right of preemption in favour of heirs of a deceased Hindu inter se amongst the Class-I lega...
Wednesday, 9 September 2020

Whether the brother of vendor will have superior pre-emption right than the purchaser of property who was in the use of it?

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In the present case, it has come on the record before the Trial Court that Devicharan, the predecessor of the Appellants, had a pre-exist...
Saturday, 23 March 2019

Whether preferential right given U/S 22 of Hindu succession Act is applicable to agricultural land?

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 When the Parliament thought of conferring the rights of succession in respect of various properties including agricultural holdings, it p...
Friday, 20 April 2018

Leading judgment on law of pre-emption

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The issue to be decided is a legal issue which stands in a narrow compass. Before dealing with the issue itself, it would be pertinent to ...

Whether parties are relegated to position existing prior to date of exparte order after setting aside of exparte decree?

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 An ex parte decree is passed when the court believes that the Defendant has been served but is not appearing in court despite service of...
Sunday, 12 March 2017

Whether one heir can purchase property if it is proposed to be sold to other heirs as per S 22 of Hindu succession Act?

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Section 22 of the Hindu Succession Act, 1956 clearly confers additional right of pre-emption in case of interest in any immovable prope...
Wednesday, 30 November 2016

Whether right of pre-emption is available to coparcener even if transferee has not filed suit for partition?

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The next question arises as to whether the plaintiffs have a right of re-purchase as provided under Section 4 of the Partition Act. ...
Thursday, 21 August 2014

When pre-emption suit can be dismissed for non compliance of order of court?

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From the combined reading of the aforestated provisions, it clearly emerges that the decrees in the pre-emption suits have to be passed i...