Hindu Succession Act, 1956
22. Preferential right to acquire property in certain
cases
(1) Where, after the commencement of this Act, interest in any
immovable property of an intestate, or in any business carried on by him or
her, whether solely or in conjunction with others, devolve upon to two or more
heirs specified in class I of the Schedule, and any one of such heirs proposes
to transfer his or her interest in the property or business, the other heirs
shall have a preferential right to acquire the interest proposed to be
transferred.
(2) The consideration for which any interest in the property of
the deceased may be transferred under this section shall, in the absence of any
agreement between the parties, be determined by the court on application being
made to it in this behalf, and if any person proposing to acquire the interest
is not willing to acquire it for the consideration so determined, such person
shall be liable to pay all costs of or incident to the application.
(3) If there are two or more heirs specified in class I of the
Schedule proposing to acquire any interest under this section, that heir who
offers the highest consideration for the transfer shall be preferred.
Explanation: In this section, "court" means the
court within the limits of whose jurisdiction the immovable property is situate
or the business is carried on, and includes any other court which the State
Government may, by notification in the Official Gazette, specify in this
behalf.