Does Section 22 of the Hindu Succession Act Apply to Agricultural Land? Supreme Court Clarifies

Case Name: Mahinder & Others v. Puran Singh

Date of Judgment: 14 July 2026

Citation: 2026 INSC 698

Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh

Held: The Supreme Court held that Section 22 of the Hindu Succession Act, 1956 applies to agricultural land inherited by Class I heirs, giving them a preferential right to purchase the share of a co-heir before it is transferred to an outsider. The Court clarified that its Constitution Bench decision in Atam Prakash v. State of Haryana, which struck down Section 15 of the Punjab Pre-emption Act, does not affect the validity or applicability of Section 22 of the Hindu Succession Act. It further held that Parliament was competent to enact Section 22 as it is a provision relating to intestate succession under Entry 5 of the Concurrent List.

Summary: The dispute arose after several siblings inherited agricultural land from their deceased father. Some of the co-heirs sold their respective shares to a third party, following which another co-heir filed a suit under Section 22 of the Hindu Succession Act claiming a preferential right to purchase those shares.

The Trial Court dismissed the suit by relying upon Atam Prakash v. State of Haryana, holding that Section 22 was similar to the pre-emption provisions declared unconstitutional. However, the First Appellate Court reversed the decision by relying on Babu Ram v. Santokh Singh, and the High Court affirmed the same.

Before the Supreme Court, the appellants argued that Section 22 could not apply to agricultural land and that Parliament lacked legislative competence to enact such a provision.

Rejecting these contentions, the Supreme Court held that Section 22 is a succession-based right available only to Class I heirs and not a general right of pre-emption. The Court observed that Atam Prakash dealt exclusively with the Punjab Pre-emption Act and had no application to Section 22 of the Hindu Succession Act. It further reiterated that Babu Ram v. Santokh Singh correctly held that Section 22 extends to inherited agricultural land.

Decision: The Supreme Court dismissed the appeal and upheld the judgments of the First Appellate Court and the High Court. It reaffirmed that Section 22 of the Hindu Succession Act applies to inherited agricultural land and that Class I heirs possess a statutory preferential right to acquire the share proposed to be transferred to a third party before such transfer takes place.