Preferential Right of Class I Heirs Under Section 22 of Hindu Succession Act Extends to Agricultural Property: Supreme Court Ruling 2026

Section 22 of the Hindu Succession Act provides that when a Class I heir intends to transfer his or her share in the immovable property inherited from a deceased Hindu, the other Class I heirs have a preferential right to acquire that share at a price to be determined by mutual agreement or, failing that, by the court. This right is akin to a right of pre-emption, but the Supreme Court has clarified it is a succession law provision, not a pre-emption law.

The key requirements are:

• The property must be inherited by Class I heirs under the Hindu Succession Act.
• The proposing heir must notify the other co-heirs about the proposed transfer and the price.
• The other heirs have one month from the date of notice to express their willingness to purchase.
• If multiple heirs exercise the right, the court may allot the share proportionately or by auction.

Until recently, there was confusion whether this provision applies to agricultural land, especially in states like Uttar Pradesh that have their own land laws. The Supreme Court has now settled the issue.

In Mahinder & Ors. v. Puran Singh (2026 LiveLaw (SC) 675), the Supreme Court was dealing with a dispute over agricultural land in Himachal Pradesh. The appellants, who were co-heirs, argued that Section 22 does not apply to agricultural land because states have exclusive legislative competence over agriculture under Entry 18 of the State List. The Court rejected this argument, holding that Section 22 is a law on succession (Entry 5 of the Concurrent List) and not on pre-emption or land tenure.

The Court relied on its earlier decision in Prof. R.K. Vijayasarathy v. Sudha Seetharam (2019 INSC 335), which had already ruled that after the 2005 amendment omitting Section 4(2) of the Hindu Succession Act, the Act applies to all immovable property, including agricultural land, in states that do not have their own enacted legislation on agricultural succession. Since UP has not enacted any law regulating succession to agricultural land (the Uttar Pradesh Zamindari Abolition and Land Reforms Act deals with land tenure, not succession), the Hindu Succession Act, including Section 22, remains applicable.

The Allahabad High Court had previously taken a different view, holding that agricultural land falls exclusively within the domain of the State Legislature and that the Hindu Succession Act does not govern succession to agricultural land in UP (see pre-2020 decisions). This created a jurisdictional conflict for litigants in Lucknow and other UP districts. The 2026 Supreme Court judgment effectively overrules that position, making Section 22 enforceable across UP for agricultural property as well.

For farm families in Lucknow, this means:

1. If you are a Class I heir (son, daughter, widow, mother, etc.) and another co-heir wants to sell their share of inherited farmland, you have the right to buy it first at a fair price.
2. You must act within one month of receiving notice – otherwise you lose the right.
3. If the sale has already happened without notice, you can challenge the transfer in court and seek restoration of your preferential right.

This ruling particularly benefits widows and daughters who may be pressured by male relatives to accept cash instead of land. The preferential right ensures they can retain the family land if they wish.

If you are a Class I heir and learn that a co-heir is planning to sell their share of inherited immovable property (including agricultural land), follow these steps to protect your right:

1. Act promptly – The law gives you only one month from the date of notice. If you delay, you may forfeit the right.
2. Communicate in writing – Send a registered letter or email stating your intention to purchase the share at the offered price or at a price to be fixed by the court.
3. Seek court intervention if needed – If the co-heir refuses, file a civil suit under Section 22 before the Civil Judge (Senior Division) in Lucknow or the appropriate court where the property is situated.
4. Get a valuation – If the price is disputed, the court may appoint a valuer. Alternatively, you can negotiate a mutually agreeable price.
5. Prepare to pay – You must be ready to pay the price within the time fixed by the court.

Note that this right is not automatic – you must take positive steps. If the property is already sold to a third party without your knowledge, you can file a suit for declaration and cancellation of the sale deed. However, such cases are complex and require immediate legal assistance.

Contact a property dispute lawyer in Lucknow to evaluate your case.

The Supreme Court’s ruling means that any sale of inherited agricultural land by a co-heir in UP must now comply with Section 22. Buyers, too, must exercise caution: purchasing agricultural land from a single co-heir without ensuring that the other Class I heirs have been given the opportunity to exercise their preferential right can lead to the sale being declared void.

Key takeaways for different stakeholders:

In Lucknow district courts, there may be an increase in declaratory suits under Section 22. The Family Court at Lucknow does not have jurisdiction over property partition suits; these are filed in Civil Court (Senior Division) or the Allahabad High Court (Lucknow Bench) for original side matters. If you are already involved in a property dispute, this judgment strengthens your position to claim preferential right.

The Supreme Court’s 2026 decision in Mahinder & Ors. v. Puran Singh brings much-needed clarity for Class I heirs across India, including those in Uttar Pradesh. The preferential right under Section 22 now unequivocally extends to agricultural land, overriding any contrary High Court views. This is a significant victory for family property rights, particularly for women who are often denied a share in ancestral farmland.

If you are a co-heir facing a sale of inherited property in Lucknow or any part of UP, you must act swiftly to protect your right. Seek expert legal advice from a property disputes lawyer who can guide you through the process of issuing notice, negotiating price, or filing a civil suit. Similarly, if you are buying agricultural land from a co-heir, ensure that all procedural requirements under Section 22 have been met to avoid future litigation.

Advocate Onkar Pandey is a practicing lawyer at the Allahabad High Court Lucknow Bench with over 25 years of experience in criminal law, bail matters, FIR quashing, and family law. Enrolled with the Bar Council of Uttar Pradesh (No. UP/4825/1999), he provides expert legal guidance to clients across Uttar Pradesh from his chamber at A-406, High Court, Lucknow. For a consultation on property disputes and succession rights, contact Advocate Onkar Pandey at +91 98392 71553.