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Supreme Court of India 2020-06-15 dismissed

Vinodchandra Sakarlal Kapadia vs State of Gujarat and Ors

Bench: 3 — <UNKNOWN>

In Brief

This case concerns whether testamentary disposition (inheritance by will) of agricultural holdings falls within the prohibition against "assignment" or transfer without government sanction under the Bombay Tenancy and Agricultural Lands Act, 1948 and The Tenancy Act, 2019. The Supreme Court upheld the Division Bench's interpretation that such prohibition does extend to testamentary disposition. The Court held that this construction, though broad, is valid because it furthers the protective purpose of tenancy legislation and remains within the State Legislature's competence. The challenge to this interpretation was rejected and the appeals were dismissed.

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Agricultural Law Tenancy Property Law Constitutional Law Statutory Interpretation Succession and Testamentary Disposition

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