My father, an old man of about 80 years, is living in his family residential house in Kolkata, of which he is an owner of one seventh part. But the other six seventh part of the same house, which is a joint undivided unpartitioned property, was owned by my father's uncle. With the death of the said uncle (in August, 2006), who was a bachelor, some of his heirs inherited the said six seventh share by will. With the death of the said heirs, their heirs inherited the said part of the property. They, again, have sold (in March, 2011) the said undivided unpartitioned six seventh part to some strangers, who are in no way related to my father's uncle nor to any one of those who subsequently inherited the said part, without making any offer to my father (who is only other share holder of this joint undevided property).
Questions :
1) Can my father pray for pre-emption to the Proper Court or High Court and can purchase the said undivided unpartitioned six seventh part of the house at a price paid by the stranger purchasers (which is very low in respect of the present market value of this six seventh part of this property) or he must pay the present market value for the said to get the property? (As some lawyers advises)
2)The stranger purchasers now apply to Kolkata Muniucipal Corporation for mutation for their undivided unpartitioned part of this residential house, though my father gave an objection letter (in November, 2011) to the Municipal Corporation not to give them (the stranger purchaser of the said six seventh undivided unpartitioned part) mutation. My father enquired for that and Municipal Corporation said that they (the stranger purchaser) submitted the proper Court Paper that they purchased the six seventh part of this undivided unpartitioned property, so they will get the mutation of their undivided unpartiotioned part, not only aportionment of tax. Can this stranger purchaser get a mutation of the said undivided property without proper partition of the property or can only get an aportionment right for Municipal Tax? My father could not try for mutation previously, because some lawyers advised that he could get only a right of an aportionment of tax and not mutation till legal partion of the property. Now my father is puzzled! If the 'Stranger Purchaser' have right to get proper mutation of their six seventh portion, then why my father not get the mutation for his undivided unpartiotioned one seventh portion?
3) If they will get the mutation, can they sanction any plan by building department of the Municipal Corporationany to modify any common area of this property without concent of my father (They had already modified a big portion without concent of my father. For this, my father appeal to High Court for writ (in December, 2011) against Municipal Corporation and the Stranger Purchaser and he got a Stay Order. But they had modified again after getting the Stay Order and Municipal Corporation did not take any action against them, (though the stay order still alive)
