Legal Question in Real Estate Law in India
dispute of property
Respected Sir, My father had written a notarised will according to will property is distributed to 3 members of family;one area to me & my son in ground floor & other one in firstfloor to my brother who holds i/5 of the total area only. now the question is that my brother wants to sell his property but this will result in lossing or privacy because we stay at ground floor,we had tried our level best to purchase that property but he is asking for much bigger value than actual valuation. What legal grounds we have to stop him to do so; will court help us to calculate and fix actual valuation of the property.
3 Answers from Attorneys
Re: dispute of property
If the property of your brother is separately identified in Will as also records like municipality, revenue dept etc., then he can sale the same.
If there is any custom or law giving you right of pre-emption, then you can approach the court for exercise of that right.
Re: dispute of property
You may have a right of pre-emption for purchase of the property; In the given situation, it may be better for you to engage a local counsel and consider filing a civil suit with your offer to purchase the property and seeking to restrain your brother from selling the property to a third person.
Re: dispute of property
dear gentleman:
how did your father acquire the said property? Was it self acquired or he also inherited it?
Right of pre-emption is not available in all the states any more!! You have not mentioned where is the property situtated.
Be as that it may,in any event, you must make your offer in writing to purchase his 1/5th share clearly stating the amount.
Related Questions & Answers
-
Leave & License Agreement Is it mandatory to register a leave & License... Asked 2/08/09, 7:56 am in India Real Estate and Real Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
