Pre-emption
Annu
(Querist) 20 November 2012
This query is : Resolved
Our building has 8 flats in total.we have purchased 2 of them some 15 years back by obtaining signatures of Father and his 4 sons to whom the building belonged and the flats were shared amongst themselves.Now father has died and one of his son is having a registered will of ground floor in his name from father.Another son has earlier sold his share of flat but bought another flat in same building in a resale from a third party.
Now i want to know
1.do we have a right of pre-emption to buy the ground floor?
2.or the other son who is having another flat enjoys this right?
3.can the son who is having will of father sell the ground floor to the third party ignoring both of us?
4.How can we assert our right of being offered first the ground floor?
ajay sethi
(Expert) 20 November 2012
no right of pre emption .
other son also does not have right .
son who is beneficiary under will can sell flat aafter the flat is transferred in his name to thrid party
you can in case son desires to sell the flat offer him a higher price than the current market value
Annu
(Querist) 20 November 2012
ajay sir if we Proceed to buy it from the son on the basis of will in his name,then what all precautions or NOCs we will require.
ajay sethi
(Expert) 20 November 2012
ask son to obtain probate of the will . it is judicial proof that will is genuine .otheer wise tomorrow other legal heirs will challnege genuineness of the will
Annu
(Querist) 20 November 2012
sir if they can provide us probate of will,then would i be required to get noc's from other 3 sons or i am safe to get the property registered in my name without noc's.
ajay sethi
(Expert) 21 November 2012
no if probate is obtained you dont need NOC from other 3 sons .
Raj Kumar Makkad
(Expert) 21 November 2012
I have no other opinion as of Aja on this subject.
Annu
(Querist) 22 November 2012
thank u ajay and raj kumar sir.
Annu
(Querist) 22 November 2012
Ajay sir there is a new development.One of the 3 sons has choose to buy it from the brother having the will(ie. one brother is purchasing from will holder brother).Is there any means available to me by which i can ensure that if that son who is buying it now will have to offer the same to me compulsorily before selling it to any other person in open market,as i am a resident of the same building.
ajay sethi
(Expert) 22 November 2012
no . you dont have any such right
Annu
(Querist) 22 November 2012
Thank u Sir.
