Preferential right given to an heir of a Hindu under Section 22 of the Act is applicable even if the property inquestion is an agricultural land.

Citation 

AIR 2019 SUPREME COURT 1506

CDJ 2019 SC 383

2019(2) CTC 562

2019(2) MWN(civil) 660

2019(14) SCC 162

AIR 2019 SC 1506

AIROnline 2019 SC 484

 

SUPREME COURT

(From: Himachal Pradesh)*

UDAY UMESH LALIT , J. and M. R. SHAH , J.

Civil Appeal No. 2553 of 2019 (Arising out of SLP (Civil) No. 31039 of 2018), D/- 7 - 3 - 2019

Babu Ram v. Santokh Singh (deceased) through his LRs and Ors.

Hindu Succession Act (30 of 1956), S.22, S.14, S.4 - Preferential rights of heirs over immovable

property - Applies even to agricultural lands.

1970 PLJ 587, AIR 1970 All 238, AIR 1974 MP 141 and AIR 1981 Raj 16, Overruled.

In the present case it is nobody's case that the matter relating to succession to an interest in agricultural

lands is in any way dealt with by any State legislation operating in the State of Himachal Pradesh

or that such legislation must prevail in accordance with the principles under Article 254 of the

Constitution of India. The field is occupied only by Section 22 of the Act insofar as State of Himachal

Pradesh is concerned. The High Court was, therefore, absolutely right in holding that Section 22 of

the Act would operate in respect of succession to agricultural lands in the State. Though, succession

to an agricultural land is otherwise dealt with under Section 22 of the Act, the provisions of Section

4(2) of the Act, before its omission, had made it clear that the provisions of the Act would not apply

in cases inter alia of devolution of tenancy rights in respect of agricultural holdings. The source of

title or interest of any of the heirs in the third illustration, is purely through the succession which

is recognized in terms of the provisions of the Act. Since the right or interest itself is conferred by

the provisions of the Act, the manner in which said right can be exercised has also been specified

in the very same legislation. Therefore, the content of preferential right cannot be disassociated in

the present case from the principles of succession. They are both part of the same concept. When the

Parliament thought of conferring the rights of succession in respect of various properties including

agricultural holdings, it put a qualification on the right to transfer to an outsider and gave preferential

rights to the other heirs with a designed object. Under the Shastrik Law, the interest of a coparcener

would devolve by principles of survivorship

to which an exception was made by virtue of Section 6 of the Act. If the conditions stipulated in

Section 6 were satisfied, the devolution of such interest of the deceased would not go by survivorship

but in accordance with the provisions of the Act. Since the right itself in certain cases was created for

the first time by the provisions of the Act, it was thought fit to put a qualification so that the properties

belonging to the family would be held within the family, to the extent possible and no outsider would

easily be planted in the family properties. In our view, it is with this objective that a preferential

right was conferred upon the remaining heirs, in case any of the heirs was desirous of transferring his

interest in the property that he received by way of succession under the Act. Therefore, preferential

right given to an heir of a Hindu under Section 22 of the Act is applicable even if the property in

question is an agricultural land.

1970 PLJ 587, AIR 1970 All 238, AIR 1974 MP 141 and AIR 1981 Raj 16, Overruled .

 (Paras 16 , 17 , 19 , 20 , 21) 

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