what is pre-emption law..
Querist :
Anonymous
(Querist) 05 January 2010
This query is : Resolved
what is right of pre-emption for immovable property?is the law really exist?what precaution should be taken from the seller's side at the time of selling his property to avoid right of pre-emption of the adjoining property holder?if seller dosn't abide by the rule then what harm can happen to the seller
niranjan
(Expert) 05 January 2010
When there is division of property between heirs,provision is made in the deed that in case of any one selling his property,first preference is given to the other heir to purchase theproperty is called the right of pre-emption.If after giving him notice if he does not agree to purchase the property you can sell to other.If the seller does not abide by the rule,other heir can file suit to establish his right of preemption and sue for cancellation of deed.
Raj Kumar Makkad
(Expert) 05 January 2010
Niranjan! Law has changed now entirely. There is no preemption right now with the coparcenors or co-sharers rather it now vests only in the tenant.
Tenant cultivating the immovable property means agricultural land has only got this preferential right. Seller first can offer such tenant to sale and on his failure to purchase, such owner should get his signature on some paper mentioning clearly therein that the tenant has duly been offered to purchase the land but he is unable to purchase. There is no other requirement and no any loss is going to occur in such case otherwise such tenant can file a petition for preemption and can get the registered sale-deed set aside.
dhiraj choudhary
(Expert) 05 January 2010
dont know about rest of the country but in j n k v still hav j nk right 2 prior purchase act
adv. rajeev ( rajoo )
(Expert) 12 January 2010
I do not agree with Raj Sir, right of pre emption applicable to all the immovable properties. Not only co parceners and also to non coparceners.
There is Karnatka High Court judgement that preference should be given to the adjoining owner.
My client/friend is the owner of the industry in KSSIDC, he had applied for the open space which was adjoing to his industry, but another person also applied for the same, KSSIDC without conceriding the application given by my frnd., alloted the open space to the another person,( who is Mohd.) under the influence of the Local Congress (I) MLA and MLC. Almost all favoured the other person because Law Officer was also Mohd., Writ was filed challenging the allotment on the ground the adjoining open space more convinient to my frnd., and also the allotment. mean while Karnatka High Court Judgment came regarding the allotment i.e., preference should be given to the adjoining owner.
