In Babu Ram vs Santokh Singh case, the Supreme Court inspected questions regarding the “extension and materialness of Section 22 of the Hindu Succession Act, 1956″, especially, regardless of whether a special right is given to a beneficiary of a Hindu under said Section 22 will be irrelevant if the property being referred as agricultural land.” It held that “the particular right given to a successor to a Hindu under Section 22 of the Act is relevant regardless of whether the property being referred as agricultural land.”
FACTS:
- Two siblings, in particular, Santokh Singh, a unique plaintiff, and Nathu Ram, unique Defendant 1, children of Lajpat son of Rupa acquired, among others, certain agricultural terrains after the demise of their dad.
- As indicated by Santokh Singh, a game plan was shown up, as far as which the siblings were to be in discrete pleasure in specifically determined parcels.
- Since Nathu Ram was not keen on proceeding with the said game plan, he gave a legitimate notification to Santokh Singh and later executed a registered sale deed on 19-8-1991 regarding his advantage in the grounds for one Babu Ram, unique Defendant 2 son of Kanshi Ram.
LEGAL ISSUES:
- The issue under the watchful eye of the Court was restricted to the relevance of Section 22 of the Act to agricultural terrains, and the factual features of the matter were not in question.
RATIO & DECISION:
Uday U. Lalit and M.R. Shah, JJ led the bench.
- The Supreme Court saw that “when the Parliament considered presenting the privileges of succession regarding different properties including agricultural possessions, it put a capability on the option to transfer to a pariah and gave particular freedoms to different heirs with a planned article.
- Under the Shastrik Law, the interest of a coparcener would decay by standards of survivorship to which prudence of Section 6 of the Act made an exemption.
- If it fulfilled the conditions specified in Section 6, the devolution of such interest of the perished would not pass by survivorship, however, as per the arrangements of the Act.
- Since the actual right in specific cases was made interesting by the arrangements of the Act, it was thought fit to put a capability so the properties having a place with the family would be held inside the family, to the degree conceivable and no outcast would effectively be planted in the family properties.”
- In the thought about a perspective on the Court, “it is with this truth that a particular right was given upon the excess heirs if any of the heirs was covetous of transferring his advantage in the property that he got via succession under the Act.”
CONCLUSION:
- The Supreme Court has held that the special right given to the main successor to a Hindu under Section 22 of the Hindu Succession Act is pertinent, regardless of whether the property being referred to as agricultural land.
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