Punjab Pre-emption Act, 1913, Section 21A -- Father of some of the vendees holding land under tenancy from vendor - During pendency of pre-emption suit death of tenant - Tenancy rights inherited by some of the vendees - Status of some of the vendees who acquired tenancy rights by succession during pendency of pre-emption suit became that of tenants of land - Improvement in..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Two decree holders - One dies during execution - The other can proceed with the execution for the benefit of the Legal Representatives without succession certificate being produced...........
Civil Procedure Code, 1908, Section 47 -- Joint decree - Execution by one decree holder and Legal Representatives of the other D.H. - Execution maintainable without succession certificate. Civil Procedure Code, 1908, S.60 - Money voluntarily deposited by J.D. in other suit can be attached but payment towards decree subject to decision of that suit...........
Hindu Succession Act, 1956, Section 8, 9, 10 - - Succession by mother - Remarriage with a stranger some years before son's death - Mother does not lose right to succeed. There can be no question of mother of deceased losing the right to succeed to her son's land in accordance with the provisions of the Hindu Succession Act notwithstanding her remarriage with a stranger..........
Hindu Succession Act, 1956, Section 8, 9, 10 -- Succession - No distinction between ancestral and no, ancestral property. Sections 8, 9 and 10 read with the Schedule to the Hindu Succession Act which govern the succession make no distinction between ancestral or no, ancestral nature of the property or as to wherefrom or how the deceased had got it...........
Hindu Succession Act, 1956, Section 4 - - Provision of Customary Law abrogated in matters of succession. The provisions of the Hindu Succession Act have abrogated the Customary Law in matters of succession to property after 1956...........
Succession Act, 1925 - - Never remains in abeyance - Vesting of property on eligible heirs according to law of inheritance - Does not depend upon any act of parties. Succession never remains in abeyance and takes effect immediately at the exact moment of the death of a person by operation of law. The vesting of the property on the eligible heirs according to the law of..........
Punjab Pre-emption Act, 1913, Section 15 - - sections (1) and (2) - Sale of land by widow - Pre-emption suit on two grounds: (i) collaterals of last male - holder; and (ii) co - sharers in the holding - Portion to which widow succeeded through her husband - No right of pre - emption as Section 15(2) applicable - Portion which devolved on widow not in the modes contemplated..........
Custom -- Succession - Incumbent on defendant to plead in written statement that parties governed by custom and to state what that custom is - Absence of such plea - Hindu law applicable - Punjab Laws Act (4 of 1872), Section 5. In questions regarding succession and certain other matters, the law in the Punjab is contained in Section 5 of the Punjab, Laws Act. Where the..........
Punjab Pre-emption Act, 1913, Section 21A -- Improvement in status of vendee prior to institution of pre - emption suit - Immaterial whether vendee does so through the transaction a part of which is sought to be pre - empted or by a separate transaction. It is well established that it is open to the vendee to defeat the right of .the pre-emptor by clothing himself with a..........
