Section 22 of the Hindu Succession Act Applies to Agricultural Land

Case Snapshot

• Case Name: Mahinder & Others v. Puran Singh

• Citation: 2026 INSC 698

• Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh

• Date of Judgment: July 14, 2026

• Area of Law: Hindu Succession Law, Property Law, Constitutional Law

Judgment in Brief

The Supreme Court dismissed the appeal and held that Section 22 of the Hindu Succession Act, 1956, which confers a preferential right to acquire property on co-heirs, applies to agricultural land as well. The Court distinguished Section 22 of the HSA from Section 15 of the Punjab Pre-emption Act, 1913, which had been struck down as unconstitutional in Atam Prakash v. State of Haryana. The Court clarified that Atam Prakash dealt with a broader, consanguinity-based pre-emption right, whereas Section 22 is a narrow, succession-based right confined to Class I heirs. The Court further held that Parliament had legislative competence to enact Section 22 under Entry 5 of List III (Concurrent List), which covers "intestacy and succession" without excluding agricultural land. The judgment in Babu Ram v. Santokh Singh was affirmed.

Relevant Facts

• The plaintiff and defendants were siblings (children of Nanhu) who inherited agricultural land as Class I legal heirs under the Hindu Succession Act, 1956.

• Defendant nos. 1 to 7 sold their respective shares to a third party (Mrs. Poonam) via a sale deed dated December 28, 2011.

• The plaintiff filed a suit on December 8, 2011, seeking enforcement of his preferential right under Section 22 of the HSA.

• The Civil Court dismissed the suit, relying on Atam Prakash v. State of Haryana, which struck down Section 15 of the Punjab Pre-emption Act as unconstitutional, holding that Section 22 was pari materia.

• The First Appellate Court reversed the decision, holding that Section 22 applies to agricultural land, relying on Babu Ram v. Santokh Singh.

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