Santosh Prasad 22 August 2025

Section 22 of hindu succession act vs section 44 of transfer of property

Sir I have a ancestral undivided non agricultural land with 12 coparcener in UP. Now, the eldest coparcener has sold his share an outsider. I was willing to purchase the land but due to some misunderstanding or unwillingness he did not gave the land to me and sold for lesser price which I was paying. Can I get the land through sec 22 of Hindu succession act using my preferential right or sec 44 of the transfer of property act will be applicable. Please suggest

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SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate ) 22 August 2025

1. File suit under section 22 HSA in the civil court/ District Court. Plead that you were willing to purchase, the vendor sold to a stranger with out offering to you.

2. Seek decree of substitution court directs that the property be transferred to you on the same price paid by the outsider.

3. Deposit sale consideration if court ask. Under section 44 TPA outsider only has undivided right and cannot disturb your possession.

4. Hire a prudent lawyer who is well known to handle such a tricky property matters.