Section 22 of Hindu succession act
After death of mother their are two legal hair sisters, one sister sold her share 25% of the total property of that dwelling house at puri town(odisha) as per the meacual understanding to a third lady whose father in law was doing business in a rented shop at that place.the second elder sister filed a case to get the benifit under the above with sec.4 to repurchase this sold portion. In the lower court she was not addmiting the patition and got a order in her favour
to purchase the same plot under pre-emption but court has not maintioned the date for payment.Appeal was find by the lady purchaser Meena devi and got order in her favour, as the oppsite parth has not depojeted the amount till disposal of the appeal. Second appeal filed by the petitioner (in the lower court) in the Highcourt odisha where she admited in cource of other matter in the court there was a patition with sctch map filed with affidevite in the same high court but the same court on final judgement allowed the appeal to purchase the same in market price but meena devi went to suppreme court but slp not addmited.in that case AIR1953 Madras 628 is aplicable or not, weather she will get a chance to deposite the purchase amount.
Asked in Civil Law from Puri., Orissa
purchased the same land with house on full payment by registered sale deed.
Asked 3 years ago
sec- 22 is applicable or not the case of complite sale.
Asked 3 years ago
your case had a chequered history . it is necessary to go through case papers filed in various courts to advice . without going through the suit papers we cannot advice . whether partition deed was duly stamped and regsitered .
it appears that option was given to sister to exercise right of pre emption but she has failed to deposit the sale price in court . the court may permit the sister to deposit the purchase the dwelling house at current market price .