Distribution & sale of land
Amit
(Querist) 22 July 2014
This query is : Resolved
Dear Sir,
We have ancestral land at our native place.
We want to sale it. The land is not properly divided as of now. We are ready for the proper distribution and further sale. One member from family is against sale of the land while three wants to sale it.
According to him, first right to sale belongs to him. Is this right ? He is ready to purchase it as per ongoing rate in that area which is very low. An outsider is ready to buy it at a higher price. But our family member insists that we have to sale that land to him only and has filed an application with the respective court of law for which we got a letter from him.
My query is - Is there any law that makes it mandatory for us that the land must be sold to him even if he is giving low price or can we sale it to outsider party who is offering good price.
Thank you for help and co-operation,
Regards,
Amit
ADV-JEEVAN PATIL, MUMBAI
(Expert) 22 July 2014
1)Nothing like first right
2) since he is co-owner right of purchase first go to him.
3) As price concerned, u cannot sale to others if he is in disagreement.
4) Negotiate in int.of all.
Hope clear.
ajay sethi
(Expert) 22 July 2014
if majority of members want to sell joint family undivided property but one member is refusing to give consent file suit for partition for division of property
if family member is willing to purchase land at market rate better sell it to him .under section 22 of hindu succession act family member and co owner has preferential right to acquire such interest
section 22 of the Hindu Succession Act reads, thus :
"Section 22.Preferential right to acquire property in certain cases(1) Where, after the commencement of this Act, interest in any immovable property of an intestate, or in any business carried on by him or her, whether solely or in conjunction with others, devolve upon to two or more heirs specified in class I of the Schedule, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred.
(2) The consideration for which any interest in the property of the deceased may be transferred under this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incident to the application.
(3) If there are two or more heirs specified in class I of the Schedule proposing to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred.
Explanation.In this section, "court" means the court within the limits of whose jurisdiction the immovable property is situate or the business is carried on, and includes any other court which the State Government may, by notification in the Official Gazette, specify in this behalf."
Amit
(Querist) 22 July 2014
Dear Sirs,
Thank you for your immediate response.
Ajay sir, you have mentioned that As per Hindu Succession Act...... the family member has the first right...but if I am getting better price from outsider, can I sale it to the outsider ?
Thanks for your help in advance,
Regards,
Amit
ajay sethi
(Expert) 22 July 2014
court will decide the price to at which share is to be sold .
Amit
(Querist) 22 July 2014
Sir,
The outsider party is offering Rs.5 Lacs per acre whereas our family member can't go beyond Rs. 4 Lac.
Still he can force us to sell it to him only ?
What will be the decision of court.
Raj Kumar Makkad
(Expert) 22 July 2014
Court shall decide the case after obtaining evidence from both parties and it cannot be anticipated.
Amit
(Querist) 23 July 2014
OK sir. Thank you everyone for your guidance.
Regards,
Amit
