Case Note & Summary
The appeal arose from a dispute between two brothers, Santokh Singh and Nathu Ram, who inherited agricultural land from their father. An arrangement for separate enjoyment was made, but Nathu Ram sold his interest to Babu Ram via a registered sale deed dated 19.08.1991. Santokh Singh filed a suit seeking a declaration that he had a preferential right under Section 22 of the Hindu Succession Act, 1956 to acquire the land. The trial court dismissed the suit, but the first appellate court allowed it, holding the transfer void and directing Babu Ram to transfer the land to Santokh Singh on payment of Rs.60,000. The High Court in second appeal upheld this decision, framing a substantial question of law on whether Section 22 excludes agricultural land. The Supreme Court granted leave and confined the issue to the applicability of Section 22 to agricultural lands. The appellant argued that based on the Federal Court's interpretation of the Government of India Act, 1935, and Entry 21 of List II (devolution of agricultural land), Section 22 should not apply. However, the Court noted that the Constitution changed the legislative scheme: Entry 5 of the Concurrent List now covers 'wills, intestacy and succession' without the exception for agricultural land, and Entry 18 of List II only covers 'transfer and alienation' of agricultural land, not devolution. The Court also observed that Section 4(2), which originally saved state laws on agricultural land, was omitted by the 2005 Amendment, indicating Parliament's intent to apply the Act uniformly. The Court held that Section 22 applies to agricultural land, dismissed the appeal, and affirmed the High Court's decision. The judgment was delivered by Justice Uday Umesh Lalit on behalf of the bench.
Headnote
A) Hindu Succession Act - Preferential Right - Section 22 - Applicability to Agricultural Land - The Court considered whether the preferential right under Section 22 of the Hindu Succession Act, 1956 applies to agricultural land. The appellant argued that agricultural land is excluded based on historical legislative entries, but the Court held that after the Constitution, Entry 5 of the Concurrent List includes succession to agricultural land, and Section 22 does not exclude it. The omission of Section 4(2) by the 2005 Amendment further supports this view. Held that Section 22 applies to agricultural land (Paras 1-10).
Issue of Consideration
Whether Section 22 of the Hindu Succession Act, 1956, which confers a preferential right to acquire the interest of another heir in immovable property, applies to agricultural land.
Final Decision
The Supreme Court dismissed the appeal, holding that Section 22 of the Hindu Succession Act, 1956 applies to agricultural land. The High Court's judgment was affirmed.
Law Points
- Section 22 of Hindu Succession Act
- 1956 applies to agricultural land
- Preferential right of heir under Section 22 is not excluded for agricultural land
- Entry 5 of Concurrent List includes succession to agricultural land
- Omission of Section 4(2) by 2005 Amendment confirms applicability to agricultural land
