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, Delhi. 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? The first hearing will take place soon. Our property transfer registry papers are pending at the registrar office as our brother had earlier intimated the registrar office that this property would be under litigation.


Asked on 5/17/11, 7:59 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

section 26 CPC is for filing any suit. However, in Delhi, law of pre-emption does not apply any more. Once the partition has taken place and the partners are in their respective portion, they are free to sell it to any tom dick or harry. Your elder brother cannot claim the right of pre-emption.

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Answered on 5/18/11, 12:15 am


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