Legal Question in Real Estate Law in India

Respected Sir,

Please refer to my question posted at lawguru.com on 11 December 2009 which was answered by you on 12 December. The question concerned my grandmother's house in Bareilly.

I request some further advice from you.Can an unpartitioned

ancestral house be sold outside the family? In the Sharda vs. Manohar (2004 (17) all India Cases) The High Court gave the ruling that no co-owner can sell his share without partition. The buyer does not get any right. Does this judgement stand good in my father's case? Or are there jugdements contrary to this also?

Secondly, does my father have the first right to buy the 5/6 share of my uncle? In the Mangu vs. Others Case no. 2005 ( 60 ALR 789 ) , The Allahabad High Court ruled that if any co-owner wants to buy the share of an outside stranger, then he has the right of Pre-emption under the Indian Partition Act 1993. Can my father use this ruling to his benefit? Please advise.

Respected Sir, lastly, I want to thank you from my heart for answering my question almost immediately. Heeding your advice, I and my father are going to pursue our case soon. Your reply gave me encouragement and made me feel that I am not alone, that there are kind- hearted people ready to help me. Your advice was most timely which made it so invaluable.

Yours sincerely,

Sonarika Kapoor

Purvi Lakhpeda, Near Kotwali, Opposite CO Office

Mohammdi, Kheri, Uttar Pradesh

E-mail: sonarikakpr@gmail

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