AIR 2008 PUNJAB AND HARYANA 200 ::2008 (6) AIR Kant HCR 68 ::2008 (6) AIR Kar R 68 ::2009 A I H C 1 ::(2008) 2 HinduLR 85 ::2008 (3) RecCivR 124 ::2008 (3) Pun LR 354

Punjab And Haryana High Court

Hon'ble Judge(s): Vijender Jain , C.J. AND M. M. Kumar, Jasbir Singh, Rajive Bhalla, Rajesh Bindal , JJJ

(A) Hindu Law - Custom - Alienation@page-PunjHar201of ancestral property - In State of Punjab by virtue of Punjab Amendment Act, 1973 property in hands of a successor has to be treated as coparcenary property and its alienation has to be governed by Hindu Law except to the extent it is regulated by S.6 and S.30 of Succession Act - In Haryana, property in hands of successor has to be treated as coparcenary properly as well as ancestral property - In Punjab, alienation cannot be challenged on ground that it is contrary to custom - In Haryana, both under Hindu Law and Customary law, alienation would be open to challenge. Hindu Succession Act (30 of 1956) , S.6, S.30— Punjab Custom (Power to Contest) Act (2 of 1920) , S.7— (as amended by Amendment Act of 1973) In respect of State of Punjab by virtue of Punjab Amendment Act, 1973 there is a complete bar to contest any alienation of ancestral or non-ancestral immovable property or appointment of an heir to such property on ground that such alienation or appointment was contrary to custom. In Punjab the property in hands of a successor has to be treated as coparcenary property and its alienation has to be governed by Hindu Law except to the extent it is regulated by Ss. 6 and 30 of the Hindu Succession Act. In Haryana, property in hands of successor has to be treated as coparcenary property as well a....