In Brief
A Hindu father's two sons inherited agricultural land and agreed to separate enjoyment of portions. When one brother sold his share to an outsider without offering it to his co-heir, the other brother sued for a declaration that the sale was void and sought the right to purchase the land at the agreed price under Section 22 of the Hindu Succession Act. The trial court dismissed the suit, but the appellate court found Section 22's preferential right applied and was enforceable. The question before the Supreme Court was whether Section 22 applies to agricultural land. The Court held that it does: the Constitution of India removed the express exclusion of agricultural succession from the Concurrent List, making succession (including to agricultural land) a matter for Parliament and the States to legislate on. Section 22's preferential right is integral to the succession mechanism and ensures inherited family property stays within the family.", <parameter name="articles_cited">["Article 254"]
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