The Punjab Custom (Power to Contest) Act, 1920 Complete Act - Bare Act

[Received the assent of the Lieutenant-Governor of the Punjab on the 6th April 1920, and that of the Government General on the 1^st May, 1920, and

was first published

in the Punjab Gazette of the 28^th May, 1920.]

An Act to restrict the power of descendants or collaterals to contest an alienation of immovable 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 an 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 the 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 "

(1)

This Act may be called the Punjab Custom (Power to Contest) Act, 1920.

(2)

It extends to

(Substituted for the

word

"Punjab"

by H

aryana

Adaptation

of

Laws

(State and Concurrent Subject) Order,

1968)

[Haryana]

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.

This Act shall apply only in respect of alienations of immovable property or appointments of heirs made by persons who in regard to such alienations or appointments are governed by custom.

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.

Nothing in this Act shall apply to any alienation or appointment of an heir by a female.

Subject to the provisions contained in section 4 and notwithstanding anything to the contrary contained in section 5,

(See

Haryana Code, Volume

1)

Punjab Laws Act, 1S72, no person shall contest any alienation of ancestral immoveable property or any appointment of an heir to such property on the ground that such alienation or appointment is contrary to custom, unless such person is descended in male lineal descent from the great-great-grandfather of the persons making the alienation or appointment.

Notwithstanding anything to the contrary contained in section 5,

(See

Haryana Code, Volume

1)

Punjab Laws Act, 1872, no person shall contest

any alienation of non-ancestral immovable property or any appointment of an heir to such the property on the ground that such alienation or appointment is contrary to custom.