Stay abreast with the latest developments in the professional domain along with in-depth analysis through the monthly BCA Journal. Get access to an engaging library of researched publications from the BCAS stable.
Learn MoreExplore past issues of BCA Journal & indulge in a treasure trove of high-quality professional content across format of print, videos & learning events from the BCAS stable.
Learn More
27. Mahinder & Ors. v. Puran Singh
2026 LiveLaw (SC) 625
July 14, 2026
Hindu Succession – Preferential right of co-heirs – Agricultural land – applicability of section 22 of the Hindu Succession Act – Legislative competence – Distinction between succession-based pre-emption and general pre-emption. [Hindu Succession Act, 1956, S.22; Constitution of India, Seventh Schedule, List III, Entry 5]
FACTS
The parties were siblings and had inherited agricultural land from their father as Class-I legal heirs. Some of the defendants sold their respective inherited shares to a third party. The plaintiff instituted proceedings under section 22 of the Hindu Succession Act, 1956 claiming the statutory preferential right to acquire the property.
The Trial Court dismissed the suit, relying upon Atam Prakash v. State of Haryana, 1986 AIR 859, which had struck down a provision of the Punjab Pre-emption Act as unconstitutional. The First Appellate Court reversed that decision, relying upon Babu Ram v. Santokh Singh, Civil Appeal No. 2553 of 2019, which had recognised the applicability of section 22 to agricultural land. The High Court declined to in
