AIR 2019 SUPREME COURT 1506 ::AIROnline 2019 SC 484 ::(2019) 2 HinduLR 15 ::(2019) 3 CivLJ 177 ::2019 (14) SCC 162 ::(2019) 2 RecCivR 608 ::(2019) 4 Scale 726

Supreme Court Of India

(From: Himachal Pradesh)*

Hon'ble Judge(s): Uday Umesh Lalit, M. R. Shah , JJ

Hindu Succession Act (30 of 1956) , S.22, S.14, S.4— Preferential rights of heirs over immovable property - Applies even to agricultural lands. 1970 PLJ 587, AIR 1970 All 238, AIR 1974 MP 141 and AIR 1981 Raj 16, Overruled. In the present case it is nobody's case that the matter relating to succession to an interest in agricultural lands is in any way dealt with by any State legislation operating in the State of Himachal Pradesh or that such legislation must prevail in accordance with the principles under Article 254 of the Constitution of India. The field is occupied only by Section 22 of the Act insofar as State of Himachal Pradesh is concerned. The High Court was, therefore, absolutely right in holding that Section 22 of the Act would operate in respect of succession to agricultural lands in the State. Though, succession to an agricultural land is otherwise dealt with under Section 22 of the Act, the provisions of Section 4(2) of the Act, before its omission, had made it clear that the provisions of the Act would not apply in cases inter alia of devolution of tenancy rights in respect of agricultural holdings. The source of title or interest of any of the heirs in the third illustration, is purely through the succession which is recognized in terms of the provisions of the Act. Since the right or interest itself is conferred by the provisio....