Sale of partitioned property.
swapan pal
(Querist) 02 March 2012
This query is : Resolved
is it necessary to offer my brother first in case i want to sale ancestral partioned property registered between brothers ?
Nadeem Qureshi
(Expert) 03 March 2012
Dear Swapan Pal
It is based upon you settlement deed if any,
feel free to call
Kirti Kar Tripathi
(Expert) 03 March 2012
if your brother offers equal or more price then the foreigner to family, you are bound to sell to him.
V R SHROFF
(Expert) 03 March 2012
If brother offer price not less than outsider, you must sell to your brother.
Deepak Nair
(Expert) 03 March 2012
Once you are in complete legitimate possession of your share, you can dispose off the property at your own discretion.
Kirti Kar Tripathi
(Expert) 03 March 2012
I do not agree, the family members have always preferential right over the property belonging to erstwhile united family. This principle is applicable in both personal law i.e. Hindu and Muslim.
prabhakar singh
(Expert) 03 March 2012
Such right is called preemptive and is recognized in Section 22(1) of the Hindu Succession Act which clearly gives such preferential right to a Class-1 co-heir.A co-heir can ask for a decree of preemption under Section 22(1) of the Hindu Succession Act even after a complete sale has been effected in favour of a stranger.
But once partition is effected among the co-sharers, the right of preemption under Section 22(1) of the Hindu Succession Act is not available to a co-heir or co-sharer. According to me, this right comes to an end as soon as there is a partition in the family among the co-heirs irrespective of the fact that the suit property was not included in that partition.
Hence since in your case the property is a partitioned one these provisions are not attracted.
Deepak Nair
(Expert) 05 March 2012
Well advised by Prabhakar Sir
