Legal Question in Real Estate Law in India

We are two brothers and one sister. As per will of our late father we all three got our floors in a three story house mutated at MCD. The ground floor is with elder brother, 1 st floor I posess and barsati (2nd) floor' ownership is with the sister. Due to inconvinient and misbahiving nature of our elder brother I and my sister decided to sell off our property and agreed a deal with another party. Now our elder brother has filed a suit under section 26 and Order 7 Rule 1 of Civil Procedure for Permanent Prohibitory Injuction, and he demands that since he is a co-sharer of the staircase and the roof-top,so as per pre-emption act he has a first right to purchase rest of the property. Can he get a stay order in the court? Our property transfer registry papers are pending at the registrar office as he had earlier intimated the registrar office that this property would be under litigation.

As per my information the Law of pre-emption is not applicable in Delhi. Since when this law is not applicable in Delhi? Are there any Supreme Court/ High Court rulings in this regard?


Asked on 5/21/11, 8:36 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

see if this judgment can help you...

1962 AIR 1476, 1962 SCR Supl. (3) 724

Bench: Wanchoo, K.N.

PETITIONER:

BHAU RAM

Vs.

RESPONDENT:

B. BAIJNATH SINGH

DATE OF JUDGMENT:

07/03/1962

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Answered on 5/21/11, 9:54 pm
Vishwa Arya Arya & Co.

In delhi, law of pre-emption was applicable by extending Punjab Pre-emption Act 1913 to Union Territories of Delhi and Chandigarh. However, in 1989 by Punjab Pre-emption (Delhi & Chandigarh) Repeal Act 1989, end came to law of pre-emption qua co sharer.

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Answered on 5/21/11, 11:47 pm


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