BABU RAM versus SANTOKH SINGH (DECEASED) THROUGH HIS LRS AND OTHERS

BABU RAM versus SANTOKH SINGH (DECEASED) THROUGH HIS LRS AND OTHERS

Section 22 of the Hindu Succession Act, 1956 applies to agricultural land in Himachal Pradesh, as there is no state law to the contrary; heirs have a preferential right to acquire property inherited by succession, including agricultural land. Section 22's applicability excludes tenancy rights in agricultural holdings only if Section 4(2) were in force.

Parties
Appellant/defendant No. 2: Babu Ram; Respondent/plaintiff: Santokh Singh (deceased) through his LRs
Jurisdiction
India
Judgment Date
07 March 2019
Procedural Posture
Civil Appeal / Final Disposition on Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Preferential Right to Acquire Property, Application of Section 22 of Hindu Succession Act to Agricultural Land, Devolution of Tenancy Rights, Intestacy and Succession, Principles Under Article 254 of Constitution
Hindu Law Succession Property Law Agricultural Land Preferential Right to Acquire Property Application of Section 22 of Hindu Succession Act to Agricultural Land Devolution of Tenancy Rights Intestacy and Succession +1 more

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Parties

Babu Ram

Appellant/defendant No. 2

Santokh Singh (deceased) through his LRs

Respondent/plaintiff

Procedural Posture

Civil Appeal / Final Disposition on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Section 22 of the Hindu Succession Act, 1956 applies to agricultural land
  2. 2 Scope and applicability of preferential right given to a Hindu heir under Section 22
  3. 3 Whether Section 22 excludes agricultural land from preferential right

Ratio Decidendi

Section 22 of the Hindu Succession Act, 1956 applies to agricultural land in Himachal Pradesh, as there is no state law to the contrary; heirs have a preferential right to acquire property inherited by succession, including agricultural land. Section 22's applicability excludes tenancy rights in agricultural holdings only if Section 4(2) were in force.

Court Disposition

Appeal dismissed

Orders

  • Preferential right under Section 22 of the Hindu Succession Act is applicable to agricultural land; High Court decree affirmed; appeal dismissed without costs.