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Supreme Court of India 2017-11-09 dismissed

Inder Singh (D) Thr. Lrs. & Anr vs Kehar Singh (D) Thr. Lrs. & Ors

Bench: 2 — Arun Mishra

In Brief

This appeal concerns the Rajasthan Colonization Act, 1954, specifically whether a 1984 amendment deleting 'disposition by will' from Section 13 should apply retrospectively. The Act required government permission for property transfers by non-khatedar holders. The appellant claimed the amendment applied to his case, rendering permission unnecessary. The Court held that although some legislation conferring community-wide benefits may be retrospective, this amendment could not be, as it would validate a void will to the detriment of co-heirs who had acquired rights through intestate succession. The appeal was dismissed, affirming the High Court's order."

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Land Law Succession Property Transfer Statutory Interpretation Retrospective Legislation

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