AIR 1996 SUPREME COURT 2146 ::1996 AIR SCW 2602 ::(1996) 2 RRR 341 ::1996 (2) UJ (SC) 161 ::1996 UJ(SC) 2 161 ::(1996) 2 HinduLR 219 ::1996 (9) SCC 376 ::1996 (2) CurCC 426 ::1996 (3) ICC 583 ::(1996) 2 LJR 338 ::(1996) 2 Mad LJ 73 ::1996 (2) SCJ 460 ::1996 (2) LandLR 157 ::(1996) 4 JT 747 (SC) ::1996 (4) JT 747

Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): M. M. Punchhi, S. C. Sen , JJ

Hindu Law - Alienation - Right of - Pre-emption - Exercise of - Parties allotted properties in partition given right to dispute of properties allotted to them - Party, however, obligated not to do it to any stranger without giving opportunity to parties to indenture to buy it by pre-emption - Widow of one of property bequeathing property in favour of foster child - Right of pre-emption cannot be claimed in respect of bequeathed property - Contractual right of pre-emption conferred was based on pre-condition that proposed or actual disposition would be by way of sale and that too to a stranger - Foster child could not be considered to be stranger, nor bequest a sale.@page-SC2147Regular First Appeal No.91 of 1973, D / - 1-9-1978 (Kant), Reversed. (Para 15 16)