Preferential purchase right under Hindu Succession Act extends to co

Published on : 18 Oct 2025, 8:08 am 4 min read

The Aurangabad Bench of the Bombay High Court has clarified that the preferential right to acquire property under Section 22 of the Hindu Succession Act, 1956, can be invoked by co-parceners in an undivided Hindu joint family [ Thukaram Vs Haribhau ].

Section 22 lays down that if any Class I heir wishes to sell or transfer their share in jointly owned property (or business), other co-Class I heirs would have a preferential right to buy or acquire the same before such property can be made available for transfer to others.

Justice Shailesh Brahme has now held that when property remains ancestral and unpartitioned, the status of " Class I heirs", as referred to in Section 22, can be determined with reference to the original anc