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

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.

Sec-22 HSA: This provision aims to keep the property within the family and prevent it from being sold to outsiders. 

Sec-44 of TPA: One co-owner can transfer their share of the property without the consent of other co-owners.  You are not a co-owner, but a co-sharer.

You generally cannot invoke Section 22 of the Hindu Succession Act, 1956, for a co-sharer's property that has already been sold. Section 22 provides a preferential right to acquire property only when a co-sharer proposes to transfer their share to a stranger. Once the sale transaction is complete, this right cannot be exercised; your remedy would then be to seek a right of pre-emption under a relevant State Act, custom, or precedent, which is a separate legal concept. 

Sir,

In your case, Section 22 of the Hindu Succession Act gives you a preferential right to acquire the share of the property when one of the heirs intends to transfer his interest. If you can prove that you were willing to purchase at a fair value, you may approach the court to enforce this preferential right. However, once the transfer to an outsider has already taken place, the matter often comes down to how promptly you assert your claim and whether you can establish readiness and willingness to purchase.

On the other hand, Section 44 of the Transfer of Property Act allows the transferee (the outsider) to step into the shoes of the seller coparcener, but with limitations — he cannot claim joint possession or partition of a dwelling house unless he is also a family member. This provision could be useful to protect your possession rights if the land includes a family dwelling.

Therefore, while Section 22 gives you the basis to seek preferential purchase, Section 44 limits the rights of the outsider in relation to family property. You should consult a local civil lawyer to file the appropriate suit for enforcement of your rights.

(As an aside, the confusion around enforceability of rights in family property is somewhat similar to the debates around the Personal Injury Referral Fee, where legality often depends on specific statutory provisions and professional ethics. In both cases, the law balances private arrangements with broader legal standards.)

You have stated in the opening sentence, "Sir I have a ancestral undivided non agricultural land with 12 coparcener in UP............."  can you clarify usage of such non-agriculture land, if so ?