Can a part of agricultural land be sold outside the family? Understand the whole matter in simple language from the decision of the Supreme Court

Can a share of agricultural land be sold outside the family? If an heir of an ancestral agricultural land wants to sell his share, can he sell it directly to an outsider or will he have to give the opportunity to other heirs in the family first? This question had been the cause of legal disputes in different states for a long time. Now the Supreme Court has given a big decision on this and made it clear that Section 22 of the Hindu Succession Act will also apply to agricultural land. That is, if any Class-I heir (close heir like son, daughter, mother, wife) wants to sell his share, then first the other Class-I heirs of the family will have to give the opportunity to buy it. However, if there is a different and applicable law on this subject in any state, then the same law will apply there. With this decision, the picture has become clear on many old disputes related to distribution and sale of agricultural land across the country. Let us know what the whole matter is, what the Supreme Court said and what rules related to agricultural land are applicable in different states.

What is the whole matter?

Let us understand this in an easy way. If the ancestral property of a Hindu family has been divided and one of the heirs wants to sell his share, then Section 22 says that that share cannot be sold directly to an outsider. First of all, other Class-I heirs of the family will have to be given a chance to buy it. The purpose of this rule is that the family land should remain within the family and outsiders should not become shareholders in it. But the controversy started when the question arose whether this rule would apply to agricultural land also? Because many rules related to land in India come under the jurisdiction of the states. For this reason, in some cases it was said that this law of the Center should not be applicable on agricultural land. Now the Supreme Court, putting an end to this controversy, said that Section 22 is not a law of buying and selling of land, but a rule of inheritance. It only decides who will have the first right if an heir wants to sell his share. The court also said that just because this right is exercised at the time of selling land, it does not make it a law to transfer land. Its purpose is only to protect the family property from disintegration.

What are the rules regarding agricultural land in different states?

1. Uttar Pradesh- UP Zamindari Abolition and Land Reforms Act, 1950 is applicable in Uttar Pradesh. This law decides the rights of landholders and farmers. Earlier, the rules of succession were different from Hindu succession law and men were given more priority. For this reason, the dispute continued for a long time regarding the rights of daughters and agricultural land.
2. Bihar- Bihar Tenancy Act, 1885 and Bihar Land Reforms Act, 1950 are applicable in Bihar. These laws decide the rules related to agricultural land, distribution and sale of land. In many cases, rules have also been made to prevent the creation of very small parcels of land. Whereas CNT Act and SPT Act are applicable in tribal areas. Under these laws, transfer of land can take place only between people of the same community. In such cases the rules of normal succession do not apply directly.
3. Punjab and Haryana- The case related to this state had reached the Supreme Court. Punjab Pre-emption Act, 1913 was applicable here. In an old decision in 1986, the Supreme Court had considered the rule giving first right of purchase on the basis of kinship as unconstitutional. Citing this decision, it was said that Section 22 of the Hindu Succession Act should also not be implemented. But the Supreme Court made it clear that the purpose of both the laws is different. Therefore both cannot be compared.
4. Madhya Pradesh- Madhya Pradesh Land Revenue Code, 1959 is applicable in Madhya Pradesh. Under this, matters related to land records, transfer, distribution and ownership are settled. However, succession rights are determined by personal laws such as Hindu or Muslim succession laws.
5. Maharashtra- Maharashtra Tenancy and Agricultural Lands Act, 1948 is applicable in Maharashtra. It decides the rules related to purchase and sale of agricultural land, rights to do farming and transfer of land. It is important to follow these rules even after inheriting land.
6. Karnataka- Karnataka Land Reforms Act, 1961 is applicable in Karnataka. It decides the rules related to ownership, tenancy and land transfer of agricultural land. Its objective is to protect the interests of landless farmers and ensure proper use of agricultural land.
7. Gujarat- Bombay Tenancy and Agricultural Lands Act, 1948 and other revenue laws are applicable in Gujarat. Under these, in many cases agricultural land can be transferred only to eligible farmers. There is also a prescribed legal procedure for transfer of name and change of ownership after inheritance.

Who will benefit from the Supreme Court’s decision?

After this decision of the Supreme Court, Class-I heirs have got clear legal rights that if any co-heir wants to sell his share in the agricultural land, then the other Class-I heirs of the family will first get the opportunity to buy it. This will reduce the possibility of the family’s farming land going to outsiders and the land will remain within the family. Apart from this, it will now be easy to adopt a similar legal system in the cases across the country which were stuck on whether Section 22 would be applicable on agricultural land or not. The court has also made it clear that unless the law of any state directly provides a separate provision on this subject, Section 22 of the Hindu Succession Act will remain fully applicable to agricultural land also.