AIR 2009 CALCUTTA 8 ::2009 (2) All LJ NOC 240 ::2009 (2) ALJ 240 ::2009 (1) AIR Kar R 174 ::2009 A I H C (NOC) 122 (CAL) ::2008 (2) CalLJ 782 ::2008 (4) Cal HN 20 ::(2008) 3 CalLT 470

Calcutta High Court

Hon'ble Judge(s): Bhaskar Bhattacharya, Rudrendra Nath Banerjee , JJ

(A) Hindu Succession Act (30 of 1956) , S.22— Partition Act (4 of 1893) , S.4— Preferential right to acquire property - S.22 of Succession Act confers additional right of pre-emption otherwise than ones provided in S.4 of Partition Act or in S.8 of W.B. Land Reforms Act - Right is not limited to dwelling house only but to any immovable property or business carried on by a Hindu dying intestate either solely or in conjunction with others - However, such right is available only to the heirs specified in Class I of the Schedule - Such right has been conferred upon pre-emptor even before actual transfer. Section 22 of the Hindu Succession Act has conferred an additional right of pre-emption otherwise that the ones provided in S. 4 of the Partition Act or in S. 8 of the West Bengal Land Reforms Act. Unlike the provision contained in the Partition Act, here, the right of pre-emption is not limited to the dwelling house belonging to an undivided family but to any immovable property or business carried on by a Hindu dying intestate either solely or in conjunction with others. @page-Cal9 However, such right is available only to the heirs specified in Class I of the Schedule.(Para 14 15) (B) Hindu Succession Act (30 of 1956) , S.22— Right of ....