Section 22 of the Hindu Succession Act applies only to intestate succession.

 There is another reason for which right of preemption will not be available i.e. the property has devolved by testamentary succession and not by intestate succession. {Para 13}

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Ratio:- The right of pre-emption under Section 22 is available only when property devolves by intestate succession and only inter se between Class-I heirs of the deceased. It does not apply where the property devolves by testamentary succession (Will).

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Second Appeal No. 91 of 2025

Decided On: 16.10.2025

Saroj and Ors. Vs. Umesh and Ors.

Hon’ble Judges/Coram:

R.W. Joshi, J.

 Citation: 2025:BHC-NAG:11283, MANU/MH/6940/2025.

Read full judgment here :Click here.

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