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Sudip   28 October 2023

Pre emption rights

I am from west bengal, I have a property which I want to sell and my neighbours are not my blood relatives, and their behavior is very bad .can I sell the property without informing them? Is there any legal obligation to inform them first? Kindly let me know as soon as possible.



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 6 Replies

Advocate Bhartesh goyal (advocate)     28 October 2023

Being absolute owner of property you have every right to sell your house to anyone and no need to inform your neighbors also they have no pre-emption right  over your property .

1 Like

T. Kalaiselvan, Advocate (Advocate)     29 October 2023

If you have clear and marketable title over the propeprty, then you can very well proceed with your proposal to sell the property in favor of a prospective buyer.There is no necessity for you to notify your neighbors or take their consent to sell the property that fully belongs to you.

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Dr. J C Vashista (Advocate )     29 October 2023

Do you have absolutie ownership (clear andt marketable title) of subject property ? If so, there is no necessity to inform / seek consent of anyone else, including neighbour and dispose it as you wish.

1 Like

Sudip   29 October 2023

Thank you sir for your valuable information, can you please provide the copy of order stating that my neighbour doesn't have pre-emption rights on my property?

T. Kalaiselvan, Advocate (Advocate)     29 October 2023

You are welcome for your appreciations. 

pre-emption rightright of pre-emption, or first option to buy is a contractual right to acquire certain property newly coming into existence before it can be offered to any other person or entity

If it was a property jointly owned and divided among the shareholders, then the question of pre-emptive rights may occur.

Whereas your neighbor is no where related to you neither he was a co-sharer nor has any such rights by any contract, hence your fears in this regard is unnecesary and imaginary.

you do not have to be bothered about the neighbors if you have decided to sell your property belonging to you with clear and marketable title on you

Sudip   30 October 2023

Thank you sir, one little query , does co-sharer means sharer of land in same plot number? I.e suppose having a plot number 123 with an area of 1 acre divided in 4 people, so are they called co-sharers?


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