The supreme court has made it plain in a significant ruling that family members should have priority when it comes to ancestral land.
 
Understand how this choice will impact how families divide up the property.
 
In a recent significant ruling, the supreme court made it clear that a Hindu heir must first attempt to sell a portion of his ancestral agricultural land to a family member. Section 22 of the Hindu Succession Law, which was created to keep family property out of the hands of strangers, has been used to make this determination.

The significance of the Hindu Succession Act's Section 22
 
A person's property is naturally divided among his heirs if he passes away without a will, according to Section 22 of the Hindu Succession Act. An heir has the right to prioritize the other heirs in his family over any outsiders if he must sell his share. Protecting family property and ensuring that family members maintain ownership of their assets are the goals of this statute.
 
Tenancy rights and Section 4(2)'s relationship
 
In its ruling, the court also made it clear that this regulation will be unaffected by the repeal of Section 4(2). Tenancy rights, which are distinct from the sale or ownership of family land, are covered in Section 4(2). According to the court, Section 22's goal is to safeguard ancestral property by preventing outsiders from acquiring it. Because of this, Section 22's authority and goal—namely, the preservation of family property—remain unchanged.
 
In this instance, Lajpat's agricultural property was split between his two sons, Santosh and Nathu, following his passing. Santosh then decided to sell his stake to a third party. Nathu petitioned the court, arguing that Section 22 gave him preference over others for his share. According to Nathu, his stake ought to be sold to a family member rather than an outsider initially.
 
The supreme court finally affirmed the trial court's and High Court's ruling in favor of Nathu in this case. In its ruling, the supreme court therefore made it very evident that family property must be protected and kept out of the hands of other parties.

Regarding the distribution of property among relatives under the Hindu Succession Act, this supreme court ruling is significant. This ruling will lessen conflict between families in addition to aiding in the resolution of matters involving ancestral property. In addition, this ruling clarifies that any successor must prioritize other family members before selling his ancestral land, which promotes property preservation and family cohesion.
 
 

 
For more interesting updates wa click and follow Indiaherald WhatsApp channel

Find out more:

SIBY JEYYA

01/02/2025 08:31 AM