Partition and the right of Pre-emption
(Querist) 01 June 2008
This query is : Resolved
Respected Learned friends, Here is a case where three brothers have got their respective share of lands partitioned alongwith the right to use the irrigation wall and channel on a rotational basis by way of partition.Now, one of them has entered with an agreement for sale of his share with a stranger and other two brothers oppose the same and demand the share be conveyed to them on payment of reconsideration. Kindly get me informed as to what all the remedies are availble the brothers and the applicability of the Partition Act ,1893 in this case. Thanking you
J K Agrawal
(Expert) 01 June 2008
Pre emption act is not applicable in case agricultural land.(A supreme Court ruling is there)Partition act is also not much help full as its relevant provisions are in case of transfer of dwelling house only. You may find some clue in The land revenue act applicable in your state in a chapter regarding partition of holdings. But if parties are Hindu by caste, section 22 gives your party a right. Its amplitude is very very wide. Scope of pre emption act is very limited and applicable to only immovable properties and that also on fulfillment of certain conditions whereas section 22 provides right in case to transfer of any type of property even on movable or intangible properties. Further there are no pre conditions to be fulfilled to take advantage of right under this section.
(Expert) 02 June 2008
Please find out from the document /partition deed if any such rights have been cretaed/inferred by any understandings to urge the same by legal process by filing suit.