PUNJAB CUSTOM (POWER TO CONTEST) Act 1920
(ACT II OF 1920)
Passed by the Lieutenant-Governor
Of Punjab in Council
Received the assent of his Honour the Lieutenant-Governor on the 6th April 1920, and that of His Excellency the Viceroy and Governor-General on the 1st My, 1920, the Governor- General’s assent was first published in the “Punjab Gazette” of the 28th may, 1920.
An Act to restrict the power of descendants or collaterals to contest an alienation of immovable property or appointment of an heir on the ground that such alienation or appointment is contrary to custom:
Preamble. —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 sanction 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 (power to Contest) Act, 1920.
(2) It extends to the Punjab.
2. In this Act—
“Alienation” includes any testamentary disposition of property.
“An appointment of an heir” includes any adoption made or purporting to be made according to custom.
3. This Act shall apply only in respect of alienations of immovable property or appointment of heirs made by persons who in regard to such alienation or appointments are governed by custom.
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.
5. Nothing in this Act shall apply to any alienation or appointment of an heir by a female.
6. Subject to the provisions contained in section 4 and notwithstanding anything to the contrary contained in section 5, Punjab Laws Act, 1872 on person shall contest any alienation of ancestral immovable property or any appointment 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-grandfather of the person making the alienation or appointment.
7. Notwithstanding anything to the contrary contained in section 5, Punjab laws Act, 1872. No person shall contest alienation of non-ancestral immovable property or any appointment or appointment is contrary to custom.
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