Mahinder & Others v. Puran Singh

This case explains an important rule for Hindu families who inherit land. When several brothers and sisters inherit property (like farming land) from their parents, they become joint owners. Under Section 22 of the Hindu Succession Act, if one sibling decides to sell their share, they cannot just sell it to anyone. They must first offer it to their other siblings. This is called a preferential right or a right of first choice. In this case, siblings inherited agricultural land. Seven of them sold their shares to an outsider. One brother went to court to stop this sale, wanting to buy the land himself. The buyers argued that this rule does not apply to farming land and that Parliament cannot make laws about selling agricultural land. The Supreme Court rejected these arguments. The Court ruled that the rule definitely applies to agricultural land. The main goal of this law is to keep family property within the family and prevent outsiders from entering family land without permission. Since the brother had already filed his case in court before the sale deed was officially completed, his right was protected, and he did not have to file a separate case to cancel the sale deed. The court dismissed the appeal and protected the brother's right to buy the family land.

A group of siblings inherited agricultural land from their father. Seven of the siblings sold their shares of the land to an outsider. One brother challenged this in court, arguing he had the first right to buy his siblings' shares under the law.

The Supreme Court ruled in favor of the brother, confirming that the first right to buy applies to agricultural land. The Court dismissed the appeal and held that family members must be given the first opportunity to buy inherited farming land before it is sold to outsiders.

This judgment is crucial for common people because it protects family lands from being taken over by outsiders against the family's wishes. It ensures that family members can keep their inherited agricultural properties within the household by exercising their legal right of first purchase.