Supreme Court has made a big decision, selling ancestral land will not be easy now! Those having ancestral property must know the decision

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In an important decision, the Supreme Court has made it clear that in the case of ancestral land, priority should be given to the family member. Know how this decision will affect the distribution of property among families.

The Supreme Court has recently clarified in an important decision that if a Hindu heir wants to sell a part of his ancestral agricultural land, he will first have to try to sell this property to his family member. This decision has been taken under Section 22 of the Hindu Succession Law, which has been made with the aim of preventing family property from going into the hands of outsiders.

Supreme Court's decision and the logic behind it

This case was related to Nathu and Santosh of Himachal Pradesh. The Supreme Court bench, which included Justices UU Lalit and MR Shah, said in this important decision that the purpose of Section 22 is to maintain property in the family. Under this, if an heir wants to sell a part of his ancestral property, he will have to sell it to a member of his family before an outsider. The court clearly stated that this rule is necessary to protect family property so that the property does not go into the hands of an outsider.

Importance of Section 22 of the Hindu Succession Act

Section 22 of the Hindu Succession Act provides that if a person dies without a will, his property is naturally distributed among his heirs. If an heir has to sell his share, he has the right to give preference to the rest of the heirs in his family and not to any outsider. The purpose of this law is to protect family property and ensure that family members continue to own their property.

Relation of Section 4(2) and tenancy rights

The court also clarified in its judgment that the abolition of Section 4(2) will not affect this rule. Section 4(2) deals with tenancy rights, which are different from the sale or ownership of family land. The court said that the purpose of Section 22 is to protect ancestral property so that outsiders cannot become part of the family property. Thus, there is no change in the power of Section 22, and its purpose remains the same as before, i.e. protection of family property.

This was the whole matter.

In this case, after Lajpat's death, his agricultural land was divided between his two sons, Nathu and Santosh. After this, Santosh decided to sell his share to an outsider. Nathu filed a petition in the court, in which he claimed priority for his share under Section 22. Nathu said that his share should be sold first to another family member and not to an outsider.

In this case, the trial court and the High Court decided in favour of Nathu and ultimately the Supreme Court also upheld this decision. Thus, the Supreme Court made it clear in its decision that protection of family property is necessary and it should be prevented from going into the hands of outsiders.

Social and legal impact of this decision

This decision of the Supreme Court is important regarding the structure of property among families under the Hindu Succession Act. This decision will not only help in resolving ancestral property cases, but it will also reduce mutual disputes among families. Along with this, this decision makes it clear that any heir has to give priority to other family members before selling his ancestral property, which is a step towards family unity and property protection.

PC:Livelaw