Property without partition
rakesh
(Querist) 28 June 2012
This query is : Resolved
Respected Sirs,
We have purchase a plot in rajasthan which not have any partition.
Plot have 9 share and we purchased 6/8 share and registered the same and possession with us (empty land without any construction).
Mutation has not been completed and later a case filed by other 3 sharer.
1. Other 3 sharer file a case for pre-emption.
2. Out of three sharer one is residing there in his part and other two are residing at other location (not in this plot).
3. The part of these two sharer was occupied by other two sharer (who sold own part to us)saying other property dispute among them and they not given any share in that.
Please suggest-
1. Is there any right of purchaser in this case
2. Can registry be cancelled?
3. What should we do further to protect our plot
Adv.R.P.Chugh
(Expert) 28 June 2012
Dear Rakesh,
I am not aware of the Rajasthan law on pre-emption but Co-sharers do have a right to pre-emption. However do remember that pre-emtpion is a very feeble right, and is feudal and anachronistic, it is incompatible with modern notions of integrity and freedom of property. THe right has a short period of limitation. Consult a local lawyer who would find a way out to defeat their right.
rakesh
(Querist) 28 June 2012
Thanks Bharat Sir..
Actually three sharer want the property and they said ..they have first right to buy that property with an amount equal to registry/stamp duty...
