Section 22 in The Hindu Succession Act, 1956
22. Preferential right to acquire property in certain cases.—
(1) Where, after the commencement of this
Section 22 in The Indian Succession Act, 1925
22. Settlement of minor’s property in contemplation of marriage.—
(1) The property of a minor ... before the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina
22 makes it clear that it applies to both residential and non residential properties. The conditions necessary for invoking section 22 of the Hindu Succession ... section 22 has been analysed as follows:-
"The right conferred under section 22(1) of the Hindu Succession Act cannot be enforced
questions of law:
1. What is the effect of Section 22 of Hindu Succession Act on concluded sale whereupon the bona fide purchaser has acted ... required to be filed. His second contention, is that the Section 22 Hindu Succession Act, 1956 is not applicable to the agricultural land
sale deed is contrary to the provisions of Section 22 of the Hindu Succession Act. The plaintiff has got a preferential right to acquire ... present suit has been filed claiming preferential right under Section 22 of the Hindu Succession Act, after a long delay that the plaintiff has also
right of preferential acquisition of suit property under Section 22 of Hindu Succession Act, i.e., Act No. 30 of 56, in respect ... contravention and in violation of provisions of Section 22 of Hindu Succession Act. That as such, plaintiff claimed that as said Gift Deed was really
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attack by the plaintiff, claiming preferential rights by virtue
of Section 22 of the Succession Act. Plaintiff filed ... Chapter II of the Succession Act deals with
"intestate succession" whereas Chapter III deals with
.
"testamentary succession".
15. Chapter II provides
Section 22 is provided for.
The main subject underlying the principle embedded in Section 22
is to provide for a smooth succession to the property ... counsel for the appellant himself
submitted that reference to S.22 of Hindu Succession Act, 1956 or
the decisions based therein were not relevant
schedule property
worth about Rs.24,00,000/-. Under section 22 of the Hindu Succession Act and
Partition Act the Plaintiff is entitled to right ... valid in the eye of
law and as per Section 22 of the Hindu Succession Act preferential right can be
claimed only when an attempt
issues.
9. Mr. Banerjee urged that applicability of Section 22 of Hindu
Succession Act, 1956, would be adjudicated only at the time of trial ... suit will not survive.
Since the right conferred under Section 22 of the Succession Act is a
personal one, it is extinguished by the death