Preemption
Sudhin2218
(Querist) 30 March 2013
This query is : Resolved
We've a joint property it was in the name of my grandmother (father's mother) and my father, My grandmother had a daughter along with my father.after my father passed away in 1991, my mother became joint owner with my grandmother, In 2004 my grandmother (my grand mother was not in possession) sold the half portion of the undivided joint property to stranger (not belongs my Hindu family), My Aunt (Father's sister) put her signature as a consent Witness in the sale deed, where I and my mother didn't put signatures and didn't participate in the sale transaction and also there was no partition deed made between my mother/father and grand mother. stranger filed suite for partition on 2006, we filed an application based on "Section 4(1) in The Partition Act, 1893. based on this Honble Court has ordered in preliminary decree saying that My mother can purchase the portion of property, which was sold to stranger at current market value.My mother filed an application saying that we are ready to pay at market value during final decree proceedings.
But now my Aunt (my Father's sister) mingled with stranger, filed an objection to our Final decree proceding application saying that my grandmother has given a registered WILL in favour of my Aunt. and since my grandmother had one share in my father's share. she is asking H'ble court to consider her as a co-sharer, give a pre-emption right and to allow her to participate in bid of market value.
My Question is. Since my Aunt has participated and put her signature as a consent Witness in the sale deed in 2004, In which my Aunt did not had any objections to the sale transaction. where my grandmother sold the property to stranger.
Can my Aunt get the pre-emption right even though she put her signature as a consent Witness in the sale deed in 2004, to participate in a bid with mother to repurchase the portion of property sold to stranger?
prabhakar singh
(Expert) 31 March 2013
No!your Aunt can not do so in my view.
Raj Kumar Makkad
(Expert) 01 April 2013
You are intermingling two separate questions. One is about the alleged will and the second is claim of becoming co-sharer of the joint property.
It is true that after demise of your father, your grand mother also become his legal heir and inherited some portion out of his share. She has sold only her original share and thereafter she has died. This shall mean that your aunt shall also inherit the share of her mother (just a part) originated from the inheritance of your father and thus she shall become a co-sharer to the property.
The matter of will has no value in the eyes of law.
