THE PUNJAB CUSTOM (POWER TO CONTEST) ACT, 1920

1920 : Pb. Act IL] cusrom (power 'ro CONTEST ) 607 "THE PUNJAB CUSTOM (POWER TO CONTEST) ACT, 1920. PunsasB Act II or 1920. [Received the assent of the Lieutenant-Governor of the Punjab on the 6th April, 1920, and that of the Governor-General on the 1st May, 1920, and was first *publihsed in the Punjab Gazette of the 28th May, 1920.] 1 2 3 4 Year No. Short title Whether repealed or otherwise © affected by legislation 1920... Ir | The Punjab Custom | Amended by the [ndian I[ndepen- (Power to Contest) Act, | dence (Adaptation of Bengal 1920 and Punjab Acts) Order of 1948 (G. G. O. 40) Amended by the Adaptation of Laws Order, 1950 Extended to the territories, which immediately before the ist "Novem- ber, 1956, were comprised .in the State of Patiala and the East Punjab States Union by Punjab Act 43 of 1960* : Amended bythe Punjab Reorga- nisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1963. An Act to restrict the power of decendants 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. Besant 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 sanc- tion 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. (1) This Act may be called the Punjab Custom |. atte and ex- (Power to Contest) Act, 1920. 1For Statement of Objects and Reasons, see Punjab Gazette, 1919, Part V, pages 24—25, for Proceedings in Council, see ibid, 1919, Part Vv. pages 73—82, 424 and ibid, 1920, Part V, pages 403—119. “See Punjab Gazette, ‘1920, Part V, page 255. 3For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1960, page 2010. > 608 custom (PowER TO CONTEST) [1920 : Ph. Act py (2) It extends to '| Union territory of Chandigarh) Definitions. © In this Act— “Alienation” ineludes any testamentary disposition of property. “Appointment of an heir” includes any adoption made or purporting to be made according to custom. a e a Scope of Act. 8. 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. Savings. 4. 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 #¢ 5 Nothing in this Act shall-apply to any alienation males, . ° or appointment of an heir by a female. a 6. Subject to the provisions contained in section 4 lest. alienations 22d notwithstanding anything to the contrary contained in and appoint-section 5, Punjab Laws Act, 1872, no person shall contest a ments of heirs. ony alienation of ancestral immovable property or any ap- pointment 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 person making the aliena- tion or appointment. auenatcOn = OE 7. Notwithstanding anything to the contrary contaily yy d non-ancestral . . : shall i872. property, | ed in section 5, Punjab Laws Act, 1872, no person contest any alienation of non-ancestral immovable _ Pr perty or any appointment of an heir to such proper trary the ground that such alienation or appointment 1s contre to custom. — | — : jsation ‘Substituted for the word “Punjab” by the Punjab Reorsepject®) (Chandigarh) (Adaptation of Laws on State and Concurren ’ Order, 1968.