Summary: A court case about family land disputes and preemption rights under the Hindu Succession Act has been resolved. Sham Balkrishnrao Selukar was granted the right to acquire the land after a lengthy legal battle.
The case involves a family dispute over ancestral land in Ambajogai, Beed. Sham Balkrishnrao Selukar, son of the deceased Balkrushna, claimed his right to buy the land first before it was sold by his uncles and step-brothers, including Tukaram Rekha (Rekhu) Rathod.
The legal fight began when Sham Balkrishnrao Selukar found out about the sale of shared family properties by his uncles and step-brothers. He filed a case, claiming his right to buy the land first under Section 22 of the Hindu Succession Act, which allows close family members to buy family property before others.
"Plaintiffs have the right to buy first." - Court Judgment
The trial court initially ruled in favor of Sham Balkrishnrao Selukar, declaring the sale invalid due to cheating and allowing him to buy the land by paying the sale amount within 90 days.
Both sides appealed. Tukaram Rekha (Rekhu) Rathod and the other defendants argued they were tenants and the case was filed too late. They also claimed Sham Balkrishnrao Selukar had no right under Section 22, as he knew about the transactions but did not act.
The High Court, led by Judge Shailesh P. Brahme, agreed with the lower courts' decisions. It confirmed Sham Balkrishnrao Selukar's rights, stating he was a close family member, and required him to pay the purchase money with interest.
"The common judgment and decree passed... stands confirmed." - Final Order
The court's decision confirms that Sham Balkrishnrao Selukar has the right to buy his family's land first, as long as he follows the court's conditions.
