पैतृक संपत्ति बाहरी व्यक्ति को बेच सकते हैं या नहीं!

 

 

 

 

सुप्रीम कोर्ट ने दी व्यवस्था

(ब्यूरो कार्यालय)

नई दिल्ली (साई)। सुप्रीम कोर्ट ने अहम फैसला सुनाते हुए कहा कि पैतृक कृषि भूमि बाहरी व्यक्ति को नहीं बेची जा सकती है। इस मामले में सवाल था कि क्या कृषि भूमि भी धारा 22 के प्रावधानों के दायरे में आती है।

सुप्रीम कोर्ट के मुताबिक जो व्यवस्था दी है हिन्दू उत्तराधिकारी पैतृक कृषि भूमि का अपना हिस्सा बेचना चाहता है, तो उसे घर के व्यक्ति को ही प्राथमिकता देनी होगी। वह संपत्ति बाहरी व्यक्ति को नहीं बेच सकता। जस्टिस यूयू ललित व एमआर शाह की पीठ ने यह फैसला हिमाचल प्रदेश के एक मामले में दिया है। सवाल यह था कि क्या कृषि भूमि भी धारा 22 के प्रावधानों के दायरे में आती है या फिर नहीं आती है।

क्या है धारा 22 में प्रावधान : सबसे पहले आपको बताते है कि आखिर धारा 22 में प्रावधान क्या है। जब बिना वसीयत के किसी व्यक्ति की मृत्यु हो जाती है तो उसकी संपत्ति उत्तराधिकारियों के नाम पर आ जाती है। अगर उत्तराधिकारी अपना हिस्सा बेचना चाहता है तो उसे अपने बचे हुए उत्तराधिकारी को प्राथमिकता देनी होगी।

सुप्रीम कोर्ट की पीठ ने कहा कि कृषि भूमि भी धारा 22 के प्रावधानों से संचालित होगी। इसमें जो हिस्सा बेचने के लिए व्यक्ति को अपने घर के व्यक्ति को प्राथमिकता देनी पडेगी। इसके साथ ही पीठ ने यह भी कहा कि धारा 4 (2) के समाप्त होने का इस पर कोई फर्क नहीं पड़ेगा। इसकी वजह यह है कि यह प्रावधान कृषिभूमि पर काश्तकारी के अधिकारों से संबंधित था। फैसला सुनाते हुए पीठ ने कहा कि इस प्रावधान के पीछे उद्देश्य है कि परिवार की संपत्ति परिवार के पास ही रहे और बाहरी व्यक्ति परिवार में न घुसे।

इस मामले में लाजपत की मृत्यु के बाद उसकी कृषिभूमि दो पुत्रों नाथू और संतोख को मिली। संतोष ने अपना हिस्सा एक बाहरी व्यक्ति को इसे बेच दिया था। नाथू ने मामला दायर किया और कोर्ट में गुहार लगाते हुए कहा कि हिन्दू उत्तराधिकार कानून की धारा 22 के तहत उसे इस मामले में प्राथमिकता पर संपत्ति लेने का अधिकार प्राप्त है। जिसके बाद ट्रायल कोर्ट ने डिक्री नाथू के पक्ष में दी और हाईकोर्ट ने भी इसे बरकरार रखा।

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