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Andy (Owner)     16 February 2015

My immediate neighbour wants to sell his property

I am from West Bengal. I live in a village and it is our ancestral property. My neighbour and I share a common path to our houses. The path is mutually shared and do not exist in Panchayat Map. Now the neighbour wants to sell the property without informing or consulting with me. He does not want me to buy the property. He is now contacting many brokers daily. I just want to know whether I can object to this or not. What rule says and what action I can take in case he sells it to any third party without my knowledge. Is there any precautionary measure ? Please guide me so that I can take necessary action. I cant leave that property for any third party.

Thanks and regards

 

Anindya



 6 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     16 February 2015

Dear, There is a law called pre-empatory right. But I will check and let you know .... Are you Hindu ? Kapil Chandna Adv 9899011450

Subash M R (Advocate)     17 February 2015

You can approach competent civil court for your grievances.Right of way is your easement right and court will protect your right by way of injunction against your opposite party.

Thanking you,  

Subash M R (Advocate)     17 February 2015

There are easement by prescripttion and easement of necessity and your case fall into the category of the latter 

 

Thanking you,  

T. Kalaiselvan, Advocate (Advocate)     19 February 2015

What is you problem if he wants to sel his property.  If the common passage is the problem and he is not agreeing to it and is likely to sell the same too then only you may have problem for ingress and egress to your property. In that case you may file suit for easement rights, consult your lawyer and decide further course of action.

Andy (Owner)     20 February 2015

Originally posted by : T. Kalaiselvan, Advocate

What is you problem if he wants to sel his property.  If the common passage is the problem and he is not agreeing to it and is likely to sell the same too then only you may have problem for ingress and egress to your property. In that case you may file suit for easement rights, consult your lawyer and decide further course of action.

Sir, I dont want him to sell this property to any third party until and unless I refuse to buy it. He should at least take my nod before selling the adjacent residential property. He does not want me to buy his property. Is there any law to prevent him from selling his property to any third party if I am willing to buy the same ? Adjacent neighbour should be given priority. Please tell me what law says in this matter.

 

Thnx

Andy (Owner)     20 February 2015

Originally posted by : Kapil Chandna
Dear,

There is a law called pre-empatory right. But I will check and let you know .... Are you Hindu ?

Kapil Chandna Adv 9899011450

Sir, I dont want him to sell this property to any third party until and unless I refuse to buy it. He should at least take my nod before selling the adjacent residential property. He does not want me to buy his property. Is there any law to prevent him from selling his property to any third party if I am willing to buy the same ? Adjacent neighbour should be given priority. Please tell me what law says in this matter.


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