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Agricultural land even by will cannot be transferred to non-agriculturists: SC
Case Law Details
- Case Name
- Vinodcharndra Sakarlal Kapadia Vs State of Gujarat (Supreme Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Vinodcharndra Sakarlal Kapadia Vs State of Gujarat (Supreme Court)
Conclusion: An agriculturist could not part his agricultural land to a non-agriculturist through a Will and the prohibition against transfers of holding without the previous sanction of the concerned authorities was to be seen in that light as furthering the cause of legislation. The legislation and the concerned provisions were completely within the competence of the State Legislature and by placing the construction upon the expression “assignment” to include testamentary disposition, no transgression would ensue.
Held: ...








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