Section 22 of the Hindu Succession Act Applies to Agricultural Land: A Landmark Analysis of Mahinder & Ors. v. Puran Singh (2026 INSC 698)
By Advocate Avichal Pandey
Advocate, Allahabad High Court
Introduction
The Supreme Court of India, in its significant judgment Mahinder & Ors. v. Puran Singh, 2026 INSC 698, has settled a long-standing legal controversy regarding the applicability of Section 22 of the Hindu Succession Act, 1956 (HSA) to agricultural land.
The Court categorically held that the preferential right of acquisition available to Class-I heirs under Section 22 extends to agricultural land, thereby protecting the rights of legal heirs when another co-heir proposes to transfer his or her inherited share to an outsider.
This judgment is of immense importance for inheritance disputes involving ancestral agricultural property across India.
Facts of the Case
The dispute arose among siblings who inherited agricultural land after the death of their father.
Certain co-heirs intended to sell their undivided shares in the inherited agricultural land to a third party through a sale deed.
Before the execution of the sale deed, one of the Class-I heirs approached the competent court by filing a petition under Section 22 of the Hindu Succession Act, asserting his statutory preferential right to purchase the share proposed to be transferred.
The defendants opposed the petition by arguing that:-
●Section 22 does not apply to agricultural land.
●Parliament lacked legislative competence to legislate on agricultural land.
●The petition was premature since the sale deed had not yet been executed.
These issues ultimately reached the Supreme Court.
Issues Before the Supreme Court
The Court examined four substantial questions:-
1. Whether Section 22 of the Hindu Succession Act applies to agricultural land.
2. Whether Parliament had legislative competence to enact Section 22 in relation to agricultural land.
3. Whether earlier judgments such as Atam Prakash v. State of Haryana and Babu Ram created any legal conflict.
4. Whether a petition under Section 22 is maintainable even before the execution of the sale deed.
Understanding Section 22 of the Hindu Succession Act
●Section 22 grants a preferential right to Class-I heirs where one among them proposes to transfer his or her interest in inherited property to an outsider.
●Instead of allowing the property to pass into the hands of strangers, the law gives other Class-I heirs the first opportunity to purchase that share.
●The object is to preserve family ownership and reduce fragmentation of inherited property.
Supreme Court's Findings
1. Section 22 Applies to Agricultural Land
●The Supreme Court held that the expression used in Section 22 is wide enough to include agricultural land.
●Nothing in the Act excludes agricultural property from its scope.
●Consequently, Class-I heirs enjoy the same statutory right in agricultural land as they do in other inherited immovable property.
●This interpretation removes uncertainty that had existed in several jurisdictions.
2. Parliament Had Legislative Competence
The Court rejected the argument that Parliament lacked authority to legislate on agricultural land.
It observed that Section 22 primarily deals with inheritance and succession, not with regulation of agricultural land itself.
The legislation derives its constitutional validity from Entry 5 of List III (Concurrent List) relating to intestacy and succession.
The fact that the inherited property happens to be agricultural land does not alter the legislative competence.
3. No Conflict with Atam Prakash
The appellants relied heavily upon Atam Prakash v. State of Haryana, where certain provisions of the Punjab Pre-emption Act were declared unconstitutional.
The Supreme Court clarified that Atam Prakash dealt with a statutory right of pre-emption based on arbitrary classification under Article 14.
Section 22 of the Hindu Succession Act is fundamentally different.
It creates a preferential right flowing from succession and inheritance rather than an independent law of pre-emption.
Therefore, the two judgments operate in different fields.
4. Petition Can Be Filed Before Execution of Sale Deed
One of the most important aspects of the judgment is the Court's ruling that a petition under Section 22 is maintainable even before the execution of the sale deed.
Once a co-heir clearly proposes to transfer his or her share to an outsider, the statutory right of the remaining heirs is triggered.
Waiting until the sale deed is executed would defeat the very purpose of Section 22.
Why This Judgment Matters
The decision strengthens the protection available to legal heirs in family property disputes.
The ruling ensures that:-
●Agricultural land receives the same legal protection as other inherited property.
●Family members receive the first opportunity to acquire the share of another heir.
●Unnecessary litigation after completion of sale transactions can be avoided.
●The legislative scheme of succession under the Hindu Succession Act is applied uniformly.
For agricultural families, the judgment significantly reduces the possibility of outsiders acquiring undivided interests in inherited property without first offering them to existing co-heirs.
Practical Implications
After this judgment:-
A Class-I heir can invoke Section 22 even if only a proposal to sell exists.
Sale negotiations with third parties may be challenged if the statutory preference is ignored.
Civil courts dealing with partition and succession suits are likely to rely upon this precedent in future disputes involving agricultural land.
Lawyers handling inheritance litigation should carefully examine whether Section 22 rights have been violated before advising clients to complete sale transactions.
Key Legal Principles Established
The Supreme Court has authoritatively declared that:-
●Section 22 of the Hindu Succession Act applies equally to agricultural land.
●Parliament possesses legislative competence to enact Section 22.
●The judgment in Atam Prakash does not dilute or override Section 22.
●The right under Section 22 arises upon a proposed transfer.
●A petition under Section 22 is maintainable even before the execution of the sale deed.
Conclusion
The judgment in Mahinder & Ors. v. Puran Singh (2026 INSC 698) is a landmark pronouncement in the field of succession law. By extending the protection of Section 22 to agricultural land and clarifying that the right of preferential acquisition arises at the stage of a proposed transfer, the Supreme Court has reinforced the legislative intent of preserving inherited property within the family.
For litigants, landowners, and legal practitioners, this decision provides much-needed clarity on the scope of Section 22 and is likely to serve as an important precedent in future inheritance and partition disputes involving agricultural land.
Author:
Avichal Pandey
Advocate
Allahabad High Court
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