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2018 (6) TMI 13 - HC - Indian LawsInheritance of property - Execution of sale deed of subject properties in favor of appellant - HUF - defendant was not the sole owner of the subject properties but he was only a karta of the HUF which owned these properties - whether inheritance of property would construe HUF properties or self acquired properties? - Held that:- Since Sh. Prithvi Singh/late defendant no.1 inherited the properties from his father Sh. Ram Singh in the year 1943, in the hands of Sh. Prithvi Singh properties were having the character of HUF properties because inheritance by a person from his parental ancestors prior to the year 1956 makes the properties inherited not as self-acquired properties but as HUF properties, whereas inheritance by a person of a property from his parental ancestors after the year 1956 makes the inherited property as a self-acquired property of the inheritor and not as an HUF property. Whenever a property is inherited by a person from his paternal ancestors before the year 1956, the inheritance is as an HUF property and even if the inheritance is land which is subject matter of the DLR Act. Bhumidar under the DLR Act is nothing but an owner of the land because by the DLR Act all that happened was that the ownership of the land which had vested with private landlords came to be vested in the State and the owners of the land, or the lessees of the land as the case maybe, in fact became the lessees of the land under the government, with the lessees being called by the term ‘bhumidar’ under the DLR Act. Bhumidar therefore is nothing but an owner of the lessee rights in the land with the State being the owner/lessor. There is absolutely nothing whatsoever in the DLR Act that the bhumidar rights which are vested in a karta or a coparcener ceases to be the subject matter of HUF and that bhumidari land becomes the self-acquired property of the karta or the coparcener in whose name the land stands or is mutated - it is not the subject matter of the DLR Act to convert the HUF property into self-acquired property simply because the owner of lessee rights is under the DLR Act a bhumidar. The only object of the DLR Act was to do away the intermediary who was the private owner/landlord and the private owner/landlord, is now substituted by the government/State, with the private owner/landlord or the existing lessee of a property (in certain circumstances) of the private landlord, became the bhumidars under the DLR Act. The appeal is unnecessary harassment of the respondent nos. 1 to 6/plaintiffs and which is in furtherance of the illegal acts of execution of the subject sale deeds by Sh. Prithvi Singh in favour of the appellants/defendant nos.2 and 3 so as to deny the legitimate rights of the respondent nos. 1 to 6/plaintiffs in the subject properties - appeal is completely without merit and is dismissed.
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