Section 22 of the Hindu Succession Act Applies Only Between Co-Heirs
The Supreme Court, in Mahinder & Others v. Puran Singh, has clarified the scope of Section 22 of the Hindu Succession Act, 1956.
Key Takeaways:
✔️ The preferential right under Section 22 is available only among Class I heirs who inherit property from the same intestate (a person who dies without leaving a will).
✔️ It is not an independent right of pre-emption but an incident of succession under the Hindu Succession Act.
✔️ Section 22 does not apply to:
• Joint purchasers
• Ordinary co-owners
• Tenants
• Strangers having no succession relationship
✔️ The Supreme Court also distinguished Section 22 of the Hindu Succession Act from Section 15 of the Punjab Pre-emption Act, 1913, observing that the latter conferred a much wider and independent right of pre-emption, whereas Section 22 is confined exclusively to succession among Class I heirs.
This judgment provides important clarity in inheritance and property disputes involving Hindu intestate succession.
Case: Mahinder & Others v. Puran Singh
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