Urban Land (Ceiling and Regulation) Act, 1976
Ss. 6, 8, 10 and 11 Acquisition of excess vacant land Proceedings under Validity No objections raised by the declarants, excess land surrendered by them, order of acquisition of the excess land passed accordingly and amount of compensation offered accepted by them Held, there was no arbitrariness, perversity or illegality in the proceedings Hence, challenge to the order of acquisition, made after a long lapse of time by the declarants, cannot be allowed, (2006) 7 SCC 365-A
Urban Land (Ceiling and Regulation) Act, 1976
Ss. 6, 8, 10 and 11 Acquisition of excess vacant land Competent authority's mandatory duty Failure to perform Effect Declarations filed by married daughters immediately after commencement of the Act about their respective shares of the land which their father had gifted to them as per family arrangement and prevailing custom Competent authority failed to conduct any inquiry or issue any notice inviting their objections Held, family arrangement legally valid and by virtue of S. 14(1) of Hindu Succession Act the two married daughters acquired absolute right in the lands given to them by their father Competent authority was obliged to consider claims of the declarants which the authority having failed to do, proceedings taken against them ordering vestment of their respective shares of land in State Govt. rightly quashed by High Court, (2006) 7 SCC 365-B
Urban Land (Ceiling and Regulation) Act, 1976
Ss. 6, 8, 9, 10 and 11 Acquisition of excess vacant land Landowner's duty to file statement under S. 6 Non-filing of the statement Effect Held, competent authority not duty-bound to prepare the draft statement so as to enable the landowner to file objection under S. 8 Landowner cannot contend after a long lapse of time that competent authority failed to conduct inquiry under S. 8, that there was absence of opportunity and that vestment of surplus land in State Govt. was bad and illegal Such landowner cannot be treated on a par and granted similar relief with those who had filed declarations immediately after commencement of the Act, (2006) 7 SCC 365-C
Hindu Law
Family arrangement/Settlement
Object <169>Family<170> has to be construed widely so as to include married daughters also Memorandum of family arrangement filed in court for its information for mutation of name, is not compulsorily registrable and can be used in evidence and is final and binding on the parties, (2006) 7 SCC 365-D
Hindu Law
Hindu Succession Act, 1956
S. 14(1) Property gifted by father to his daughter at the time of her marriage pursuant to an age-old custom prevailing in the area and as per family arrangement Held, by virtue of S. 14(1) she became absolute owner of the property, (2006) 7 SCC 365-E
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