GANESH CHANDRA PRADHAN Vs. RUKMANI MOHANTY

JUDGEMENT

(1.) AN application was made before the learned Munsif at Balasore purporting to be under Section 22 of the Hindu Succession Act, 1956 (hereinafter referred to as the Act). The applicant being a minor, the application was made through his father. A short genealogy is appended below to indicate the relationship of the parties inter se. Gangamani received the property in question under a registered deed of gift dated 1-12-55 from her father. She died in the early part of 1960 leaving behind the petitioner and opposite parties 1 and 2 to succeed to the said property. Admittedly these persons are class I heirs in respect of the estate of Gangamani Rukmani is already married. Gayamani who is not married and who has asserted in her written statement that she has already attained majority lives with Rukmani, the elder sister.

(2.) AN application was made before the learned Munsif on 16-2-68 on the allegation that on 30-1-68 opposite parties 1 and 2 had sold away their share in the property to a stranger opposite party No. 3 in violation of the preferential right conferred on the petitioner under Section 22(1) of the Act. In that application it was stated that opposite parties 1 and 2 did not propose to sell, or offer for safe of the land in question to the petitioner and with a view to depriving him of the benefit of the land they have executed a sale deed in favour of opposite party No, 3 putting an imaginary consideration which is very much higher than what is the market value of the land. The petitioner indicated his willingness to pay such rate as may be determined by the court.

(3.) UNLESS such an interpretation is given to the provsions of Section 22(1) of the Act, the preferential right contemplated therein would really be an airy one and the true legislative intention cannot be given effect to. I would, therefore interpret sub-section (1) of Section 22 in the aforesaid manner and would hold that the transferor heir must propose or notify his intention to transfer to the other class I co-heirs and a transfer made without following that procedure would be vulnerable even after it is completed on proof by the co-heir who has the preferential right that the transfer was made without notice of the proposal of transfer to him.