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Punjab & Haryana High Court settles 37-year-old ancestral land row, upholds purchaser’s title

The Punjab and Haryana High Court ruled that the property in question was self-acquired and not ancestral.

3 min readChandigarhUpdated: Nov 6, 2025 03:50 PM IST

Citing key rulings under the Hindu Succession Act 1956, the court asserted that property devolved under section 8 does not retain ancestral character but becomes separate property of the heir. (File)

Bringing closure to a legal battle that has spanned nearly four decades, the Punjab and Haryana High Court on Thursday dismissed a regular second appeal filed by five sons challenging the 1988 sale of family agricultural land, upholding the transaction on grounds of legal necessity, limitation, and the self-acquired nature of the property.

Delivering the judgment, Justice Deepak Gupta held that the disputed land at Kotkapura in Faridkot district did not qualify as ancestral coparcenary (joint heirship) property.

“To qualify as ancestral coparcenary property, it must be shown that the property has descended undivided through at least four generations of the male line,” the court observed. “There is no evidence that Harbans Singh had himself inherited the property from his father. Consequently, the property that devolved upon his sons under mutation No.615 cannot be treated as ancestral in their hands.”

Citing key rulings under the Hindu Succession Act 1956, the court asserted that property devolved under section 8 of the Act does not retain ancestral character but becomes the absolute and separate property of the heir.

The case date back to October 10, 1988, when three brothers–namely, Sumer Singh, Ajmer Singh, and Harkishan, sons of the late Harbans Singh–sold about 92 kanals of land in Kotkapura to Ved Pal for Rs 3.69 lakh through a registered deed. Their sons filed a civil suit in 1992, asserting that the land was ancestral coparcenary property and that their fathers could not have sold it without genuine legal necessity.

Justice Gupta noted that the jamabandi of 1973–74 and mutation no.615 (dated November 20, 1976) proved only that Harbans Singh’s heirs inherited the land directly from him. There was no evidence that Harbans Singh himself had derived it from his father.

“Since there is no proof that Harbans Singh derived title from his forefathers, the property in the defendants’ hands was self-acquired, and they were competent to alienate it,” the court held.

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The sale consideration was shown to have funded the establishment of M/s Sardar Cloth House in Kotkapura. Witness testimony confirmed that Ved Pal had exercised due diligence. “These facts constitute genuine family necessity recognised in law. There is no perversity in the Appellate Court’s appreciation of this evidence warranting interference by this court,” Justice Gupta said.

The suit, filed in October 1992, came four years after the sale. The court held that a suit challenging an alienation must be filed within three years under Article 59 of the Limitation Act. Having failed to do so, the plaintiffs’ claim was barred by limitation.

Concluding that no substantial question of law arose, the court dismissed the appeal without costs.

Journey through courts

1999: The trial court decreed the suit in favour of the sons, holding the land ancestral and the sale unjustified.
2001: The first appellate court reversed the trial court verdict, holding the property was not coparcenary, that the sale was for legal necessity, and that the suit was barred by limitation under Article 59 of the Limitation Act.
November 3, 2025: The second appeal was filed, in the Punjab and Haryana High Court.
November 6, 2025: The high court dismissed the appeal, upheld the appellate court’s reasoning.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More