Since a long time, a coparcener in northern Punjab (after partition) challenged sale deed of joint family property made by Karta of Joint Hindu family under Hindu Law or reversionary heir challenged the alienation of ancestral property under the customary law.
It may be noted here, though the Banaras school of Mitakshra law covers practically the whole of north India,except in the rural Punjab.Since here the Mitakshra law has been modified considerably by custom on certain point. Meaning thereby, only customary Hindu law prevails in the State of Punjab, 2018(4) RCR (CIVIL) 430.
Because of Banaras school of Mitakshra law, one coparcener cannot challenge the sale deed of joint family property made by Karta in North India (after partition) which cover Punjab, Haryana, and Himachal etc.
Sir George Campbell, Lieutenant Governor of Bengal moved an amendment to the fact that the custom should be made the first rule of decision and the law subsidiary to it. For this purpose, Punjab Law Act, 1872 was enforced, in which section 5 is important which is read as
1. SIR W.H. RATTIGAN, A DIGEST OF CIVIL LAW FOR THE PUNJAB Pg.3 and 5.
Later, Punjab custom (power to contest) act came into the picture on 1 May 1920. Under which section 6, is very important and read as follows:
Therefore, above mentioned provision grants right only to the descendant in male lineal descent from the great-great grandfather of the person for challenging the rights of alienation. Thus, in simple words it shall mean that a descendant of male lineal line has lost his power to challenge the sale deed executed by his great grandfather under Hindu law. But it seems surprising to me, how people are challenging that sale deed under Hindu Law in Punjab and Haryana Civil Court and How Civil court of Punjab and Haryana adjudicate and degree such kind of dispute.
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