Krishi VaartaOutlook Agriculture
Outsiders Won't Have Access to 'Ancestral Agricultural Land’
New Delhi. Recently, the Supreme Court made a big decision on ‘Ancestral Agricultural Land.' If the Hindu successor wants to sell his share of ancestral farm land, he will have to give preference to the family person. The successor will not be able to sell his property to an outsider. Bench of Justice U.U. Lalit and M.R. Shah in a case in Himachal Pradesh, gave this decision. In this case, a petition was filed as to whether agricultural land also falls within the scope of section 22.
Section 22 states that if a person dies without a will, then his property belongs to the heirs. If the successor wants to sell his share, he will have to give priority to his surviving successor. The bench said that the provisions of section 22 will also govern agricultural land.
The bench also said that the termination of section 4(2) would not make any difference to it because this provision was related to tenancy rights on agricultural land. The bench said the purpose of this provision is to keep the property of the family with the family.
The case mentioned here is, after Lajpat's death, his farmhouse was handed over to his sons, Nathu and Santosh. Santosh sold his share to an outsider. Nathu filed the case that, under Section 22 of the Hindu Succession Act, he is entitled to take the property as a precedent in this matter.
Source - Dainik Bhaskar, March 16, 2019
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