Supreme Court historic decision for heirs of ancestral property: The Supreme Court in a historic decision clarified that if a Hindu heir wants to sell his ancestral agricultural land, he must first try to sell the property to another member of the family. According to the court, this is a decision taken under Section 22 of the Hindu Succession Act, which ensures that family property does not go into the hands of outsiders. It was a case between Nathu and Santosh of Himachal Pradesh. The Supreme Court bench, consisting of Justices U.U. Lalit and M. and. Shah. In its judgment, he said that the purpose of Article 22 is to keep the property in the family.
Importance and provisions of Article 22
According to the Hindu Succession Act, such provisions fall under Section 22. By this, if a person leaves his property and does not leave any will, then his property is naturally divided among his heirs. If an heir wants to sell his share, he must first give an opportunity to other family members to sell the property.
Section 4(2) and tenancy rights
The court further clarified in its judgment that the consequences of Article 4(2) will not affect the operation of this rule. This section deals with tenancy rights, which is different from the sale or ownership of family land. The court said that the purpose of Article 22 is to protect ancestral property, so that no outsider can become a part of the family property.
Verdict given in favor of Nathu
Full case: In this case, after the death of Lajpat, his agricultural land was divided between his two sons, Nathu and Santosh. Santosh decided to sell his share to an outsider. Against this, Nathu filed a suit in the court and claimed priority of sale of his share under Section 22. Both the trial court and the High Court ruled in favor of Nathu and ultimately the Supreme Court upheld the decision.