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vijay dinanath (self)     17 October 2011

Pre emption rights

can somebody provide me scope of this right in negative means when it is not available.does it not violate a owners right to sell his property freely.pls post ur views for and agaist.


 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     17 October 2011

Right to preemption is now available to only tenant and not to co-sharer so this is not a violation of desire of seller. The seller cannot be compelled to sale his property in lower rates. He has just to first offer to his tenant and if he refuse to purchase then it can be sold by seller as per his own whims and wishes. Preempion petiion can be brought strictly within one year of sale.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 October 2011

Mr. Makkad is right

vijay dinanath (self)     17 October 2011

cite any case law mr makkad

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