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Ajc (Home maker)     27 February 2013

Questions about pre-emption

Respected Sirs,

My father is one seventh owner of his residential house. This is a joint undivided unpartitioned property. After his uncle's (who was the owner of the rest six seventh portion of this house) death, his heirs sold this undivided unpatitioned six seventh part of the house to a stranger in March, 2011. But they did not make any offer to my father, who is only the other share holder of this property. My father's uncle had a tenant in this house and thay are already exist.

My Questions are the following :

1) Can my father pray for pre-emption to the proper court or high court?

2) If yes, in which ground he can pray for pre-emption?

3) If he eligible to pray for pre-emption, can he pray to the court to pay the stranger's-purchased value (which was shown in the stranger purchaser's papers, and which is very low in respect of the market value) of the said undivided unpartitioned six seventh part of this house or he must pay the market value (as some lawyer advises)?

Ajc



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