Partition- Right of pre emption

The brothers cant legally seek to purchase the property unless there is a right so reserved under the partition deed. However their right to use the common rights cannot be taken away even if the other brother sells his share.

"Raja Sundarraman" : MY personal "humble" VIEWS, on the issue : FIRSTLY, regarding the Land, - If the Land is an Ancestral Property, then the two brother can take re-course of the "First Right" to force the 3rd brother to "relinquish" his portion of the "Ancestral property" to the other two brothers on consideration basis. - The base right to privilege to partition the Ancestral property, originates under the Hindu Succession Act, since it concerns three brother of the same blood-line family. - Had the property belonged to three different NON-blood-line strangers, then non of them would have any right to the "First Right" of acquiring the 3rd property portion. - If the two brothers refuse to purchase the 3rd brothers property portion, ONLY then the 3rd brother will have complete liberty to sell off his land portion to a stranger (which then evolves outside the scope of right to privilege as far as Hindu Succession is concerned). SECONDLY, - The Partition Act, is restricted to the revenue "Land" part of the partition. - The right to use the Irrigation Well and Channel, cannot be covered under the Partition Act, which AT THE MOST, is "limited" to only an arrangement of convience / mutual facility (as in the nature of Contract). - If the irrigation Well/Channel falls in the Land-jurisdiction of the two brothers, THEN they can easily refuse to provide the "new owner", the facility of irrigation well/channel. (and Vice-Versa too) - The rights to the well/channel facility is restricted to the third brother and will not be good for the "new owner" The mutual conveience/facility Contract clause in the partition deed is over(expires), with the sale of the property. Same applies to "Right of Passage" thru the 2 brothers partioned land. Appropriate sections under the different Acts/ Laws, will have to be considered to bring the above issues under the legal scope. Keep Smiling ... Hemant Agarwal A QUOTE : "We owe almost all our knowledge not to those who have agreed but to those who have differed" - Charles Caleb Colton, 1780-1832, British Author and Clergyman