Objection on selling property

Vbeditography (Querist) 15 October 2023 This query is : Resolved
I have a house that is almost 50 years old. Besides my house, which was also once owned by my grandfather, after their death, the entire property was divided between two brothers – one is my father, and the other is my uncle. After some years, my uncle passed away, and his wife (my aunt) sold a portion of the property to my cousin (bua ka beta). Now, he is selling that house (which he bought from my aunt) to someone else. We are willing to buy the house at the market value, but he simply doesn't want to sell it to us. The property (the house) he is selling was originally owned by my grandfather, and both houses share the same survey number, for example, 1221/1 and 1221/2. Can I obtain a stay order or raise an objection to the sale? Can I purchase that house through a court proceeding?

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You're asking if you can object to your cousin selling a house he purchased from your aunt, even though it was originally your grandfather's property. While you're willing to buy it at market value, your cousin is refusing to sell it to you. The property shares a survey number with your family home. Unfortunately, once your aunt sold the portion to your cousin, it became his property, and he generally has the right to sell it to whomever he chooses. While you might explore seeking an injunction by claiming it as ancestral property or checking if a 'right to preemption' exists and applies in your specific location, it's unlikely you can force him to sell it to you. Consulting a local lawyer is highly recommended for professional advice on your specific circumstances.

kavksatyanarayana (Expert) 15 October 2023
It is his property as he purchased it from your aunt. So how can you restrict him? It is his will though you pay the market value rate he may not be sold to you.

Dr. J C Vashista (Expert) 16 October 2023
The vendor (your cousin- Bua ka beta) is competent to sell it to any one of his choice, however, you may try to buy or seek an injunction claiming it to be an ancestral property.

It is advisable to contact, consult and engage a local prudent lawyer for proper appreciaiton of facts, professional advise and necessary proceeding.

T. Kalaiselvan, Advocate (Expert) 18 October 2023
You cannot claim the purchase as a right.
It might have belonged to your grandfather, but now it is his property, if he is not willing to sell it to you then yo cannot force him to sell it to you.

P. Venu (Expert) 31 October 2023
At present, right of preemption is no longer in the statute in many of the States. Even if the right is statutorily enacted, it a weak right and is circumscribed by many a conditions.

Hence, ascertain whether the right to preemption is force in your State and could be employed in the given facts and circumstances.

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