Search Results Page
Search Results
1 - 2 of 2 (0.19 seconds)Moti Ram S/O Atma Ram And Ors. vs Bakhwant Singh And Ors. on 29 September, 1967
The facts of the case of Moti Ram (supra), show that one Tarlok Singh had two wives Ind Kaur and Karam Kaur. He had sons from both these wives. On his death his property was inherited by his two widows named above and his sons from either of these wives. One of the widows, namely, Ind Kaur and his two sons from this widow sold the property which they had inherited from Tarlok Singh. This sale was sought to be pre-empted by the sons of Tarlok Singh from his other wife Karam Kaur. It was on these facts that the Full Bench of Punjab and Haryana High Court held that for the purpose of Section 15(2)(b) of the Act, son included a
stepson so as to entitle him to pre-empt the
sale made by, his stepmother. This was done
in view of the explicit language of Section 15(2)(b) which confers the right of pre-emption not on the son of the female vendor
but on the son of her husband through
whom she had succeeded to the property
forming, subject matter of the sale. Section 15(2)(b) governs the sale by a female of the land or property to which she has
succeeded: through her husband, or through
her son and the right to pre-empt such sale
is conferred on the son or daughter of such
husband of the female. Section 15 (1)(a)
which has been invoked by the plaintiff in
support of his claim would on the other
hand be attracted where the vendor is the
sole owner. Now a vendor may be a male
or a female. In either case the right of pre
emption has been conferred on the son or
daughter or son's son or daughter's
son of the vendor. In case of a
daughter's son of the vendor. In case of a
female vendor this provision would apply
only when the case does not attract either
Section 15 (2)(a) or Section 15 (2)(b). In
any case Section 15 (1)(a) would be applic-
1