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PUNJAB CUSTOM (POWER TO CONTEST) ACT, 1920 (Amended upto 1973)

PUNJAB CUSTOM (POWER TO CONTEST) ACT, 1920 (Amended upto 1973)

PUNJAB CUSTOM (POWER TO CONTEST) ACT, 1920

Preamble - THE PUNJAB CUSTOM (POWER TO CONTEST) ACT, 1920

 

THE PUNJAB CUSTOM (POWER TO CONTEST) ACT, 1920

[ Act No. 2 of 1920]

[ 28th May, 1920.]

PREAMBLE

An Act to restrict the power of descendants or collaterals to contest an alienation of immoveable property or the appointment of an heir on the ground that such alienation or appointment is contrary to custom.Whereas it is expedient to enact certain restrictions on the power of descendants or col-laterals to contest alienation of immovable property or the appointment of an heir on the ground that such alienation or appointment is contrary to custom; And whereas the previous sanction of Governor General has been accorded under section 79(2) of the Government of India Act, 1915, to the passing of this Act it is hereby enacted as follows:-

 

Section 1 - Title and extent

(1)     This Act may be called the Punjab Custom (Power to Contest) Act, 1920.

 

(2)     It extends to [1] [Punjab].

 

Section 2 - Definitions

In this Act -

"Alienation" includes any testamentary disposition of property.

"Appointment of an heir" includes any adoption made or purporting to be made according to custom.

 

Section 3 - Scope of the Act

The Act shall apply only in respect of alienations of immovable property or appointment of heirs made by persons who in regard to such alienations or appointments are governed by customs.

 

Section 4 - Savings

This Act shall not affect any right to contest any alienation or appointment of an heir made before the date on which this Act comes into force.

 

Section 5 - Rights of females

Nothing in this Act shall apply to any alienation or appointment of an heir made by a female.

 

Section 6 - Section

Section 6 omitted by Punjab Act 12 of 1973.

 

Section 7 - Alienation of non-ancestral property

Notwithstanding anything to the contrary contained in section 5, Punjab Laws Act, 1872, no person shall contest any alienation of [immovably property whether ancestral of non ancestral] or any appointment of an heir to such property on the ground that such alienation or appointment is contrary to custom.

 



 

 


[1] See Adaptation of Laws Order, 1950.