The Supreme Court of India has reaffirmed that Class-I heirs enjoy a preferential right to acquire inherited agricultural land under Section 22 of the Hindu Succession Act, 1956. The ruling settles an important question concerning whether the statutory right available to co-heirs extends to agricultural property.
A Bench comprising Justice Sanjay Karol and Justice N. Kotiswar Singh dismissed an appeal challenging the applicability of Section 22 to agricultural land. The Court upheld the decisions of the Punjab and Haryana High Court and the First Appellate Court, which had recognized the preferential rights of co-heirs over inherited agricultural property.
The dispute arose after several siblings inherited agricultural land from their deceased father. Some of the heirs sought to transfer their respective shares to an outsider. Another Class-I heir objected and invoked Section 22 of the Hindu Succession Act, claiming a preferential right to purchase the shares before they were transferred to a third party.
The appellants argued that the right under Section 22 amounted to a form of pre-emption and should not extend to agricultural land. They relied upon earlier constitutional jurisprudence relating to state pre-emption laws.
Rejecting this argument, the Supreme Court distinguished the preferential right under Section 22 from traditional pre-emption rights. The Court observed that Section 22 is fundamentally a succession provision designed to preserve inherited property among Class-I heirs. It does not create a broad pre-emption regime but rather governs the rights arising from inheritance itself.
The Bench further held that Parliament possessed the legislative competence to enact Section 22 and that the provision validly applies to agricultural land inherited by Class-I heirs. The Court emphasized that the right flows directly from succession and is therefore protected under the framework of the Hindu Succession Act.
The judgment reinforces the principle that where multiple Class-I heirs inherit property, any heir proposing to transfer his or her share must first recognize the preferential rights of other co-heirs. This interpretation is expected to influence inheritance disputes involving agricultural land across the country.
The ruling provides greater clarity regarding succession rights and strengthens legal safeguards available to family members seeking to retain inherited agricultural property within the family.