Supreme Court Order- Supreme Court pronounces landmark judgment on sale of agricultural land! 2024-2025.
An important judgment has come out from the Supreme Court regarding the sale of agricultural land from one’s ancestors to another. An important useful public friendly order has been issued on what aspects should be followed while selling agricultural land.
An important ruling has announced that if Hindu heirs want to sell any agricultural land in the name of their ancestors, they should give first priority to other members of their family.
Justices Lalit and MR Shah have given this judgment in a case of Himachal Pradesh state that they cannot directly sell the property of their ancestors to an outsider.
Agriculture land- At the time of sale of agricultural land these persons should be given first priority:
In case of sale of agricultural land, agricultural land falls under the provisions of Section 22, expressly mentioned herein. Section 22 When a person dies, the property held in the name of that person is distributed among his heirs. If an heir wishes to sell his share, he has to give first preference to his remaining heirs.
The bench clarified that the provisions of Section 22 apply to agricultural land and that a person should give preference to his family members in the sale of shares. The Court held that the repeal of Section 4(2) would not affect this rule as it relates to rights of tenure.
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The bench said the main objective of this provision is to ensure that the family property remains within the family and outsiders cannot get involved in it.
Agriculture land Supreme Court Case- The background details of the Agriculture land sale case are as follows:
After the death of a man named Lajpat in the state of Himachal Pradesh, his agricultural land is divided between his two sons, Nathu and Santosh. Santosh sold his share to outsiders. Nathu approached the court claiming that he had preferential rights over the property under Section 22 of the Hindu Succession Act.
The court that heard this case gave a verdict in favor of Nathu and the High Court also supported this verdict.
