TUKARAM REKHA (REKHU) RATHOD L.RS. KISHAN TUKARAM RATHOD and ORS v. SHAM BALKRISHNRAO SELUKAR and ORS
High Court of Bombay, Aurangabad (Civil) 2025:BHC-AUG:29648 Discusses pre-emption rights, transfer of undivided shares, and procedural aspects of property disputes. List of Laws: The Hindu Succession Act; The Transfer of Property Act; Code of Civil Procedure Legal Discussion: The Hindu Succession Act: The judgment extensively discusses Section 22 of the Hindu Succession Act, which deals with the preferential right to acquire property in certain cases. The court interprets this section to determine whether the plaintiffs and defendant nos. 8 and 9 can be treated as Class I heirs. The significance of this interpretation lies in establishing the conditions under which the right of preemption can be exercised. The court examines the status of the family, the time of death, the time when partition opens, the inter se relationship, the manner in which the interest devolves as per Section 6 of the Act, and the existence of co-parcenary or birth ri...