Punjab Custom (Power to Contest) Act, 1920 by latest laws team on Scribd
The Punjab Custom (Power to Contest) Act, 1920
Act 2 of 1920
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For Statement of Objects and Reasons, see Punjab Gazette, 1919, Part V, pages 24-25; and for Proceedings in see Punjab Gazette, 1919, Part V, Pages 73-82, 424 and ibid, 1920, Part V, pages 102-119.
Received the assent of the Lieutenant Governor on the 6th April, 1920, and that of the Governor General on the 1st May, 1920, and was first published in the Punjab Gazette, dated the 28th May, 1920.
| LEGISLATIVE HISTORY 6 |
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 collaterals 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:-
- Title and extent.- (1) This Act may be called the Punjab Custom (Power to Contest) Act, 1920.
(2) It extends to [Punjab].
| Object & Reasons6 |
- 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.
- 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.
- 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.
- Rights of females- Nothing in this Act shall apply to any alienation or appointment of an heir made by a female.
- Section 6 omitted by Punjab Act 12 of 1973.
- 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.
