properties sold by father and brother in the year 1994 - exempted from amendment act
Citation
CDJ 2019 MHC 265
Jayaraman konar vs malathi
Head Note
Hindu Succession Act - Section 6(1) - Appellant challenged Preliminary Decree and Judgment passed in partition suit – whether sale deed executed in favour of Appellant by father and brothers of Respondents/ sisters is valid – Hence this appeal suit –
Court held - Section 6 of Hindu Succession Act, - proviso makes it very clear that properties which have been alienated including through partition will be affected by virtue of amendment, which came into force on 20.12.2004, as admittedly, properties were sold by father and brothers as early as on 02.06.1994 - De-hors theory of will, property was already alienated on 02.06.1994 - Therefore, properties, which have been sold to Appellant is exempted from amendment - court proviso to Section 6(1) of Hindu Succession Act, Decree and Judgment passed in respect of item Nos.2 to 4 are liable to be set aside - decree passed by Trial Court in respect of item No.1 is confirmed – Appeal Suit is disposed.
Paras 2, 5, 6, 7
Comparative Citation:
2019 AIR(Mad) 113,
Court held - Section 6 of Hindu Succession Act, - proviso makes it very clear that properties which have been alienated including through partition will be affected by virtue of amendment, which came into force on 20.12.2004, as admittedly, properties were sold by father and brothers as early as on 02.06.1994 - De-hors theory of will, property was already alienated on 02.06.1994 - Therefore, properties, which have been sold to Appellant is exempted from amendment - court proviso to Section 6(1) of Hindu Succession Act, Decree and Judgment passed in respect of item Nos.2 to 4 are liable to be set aside - decree passed by Trial Court in respect of item No.1 is confirmed – Appeal Suit is disposed.
Paras 2, 5, 6, 7
Comparative Citation:
2019 AIR(Mad) 113,
Comments
Post a Comment