selling to a third party

This query is : Resolved 

Querist : Anonymous (Querist)
21 February 2010

if there are partition in the property between two brothers and one of them want to sell his portion, does he requires to offer his brother first or he can sell it to third party?whether the other brother can exercise right of pre-emption?whether right of pre-emption or first offer applies only if it is specifically written in the partion deed or sale deed or else? if two brother has got their portion from their father through sale deed,whether it constitute the partion as well?any extra partition deed rquired or not?

niranjanOnline (Expert)
21 February 2010

If so is written in the sale deed,you have to make offer to your brother,but if it is not so written you can sell it to anybody.

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