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preferntial right

(Querist) 16 January 2009 This query is : Resolved 
In one case the uncle of ‘X’ sold out his property to ‘Y’ which is joint in nature.
Can ‘X’ is able to get preferential right u/Hindu succession act for purchase the property?
Detail as follows:-

If the partition deed made in the 5 Rs. Stamp paper in the year 1977 shall be bound upon the heirs?

Can u/sec 22(1) of Hindu succession act preferential right can applied to the Nephew of the uncle?

Can after separation of immovable property separate property sold out? Can partition deed challenge under the law?

After partition deed is it possible to claim preferential right?

Please give the reference any case laws relating this case.


nitin (Expert) 23 January 2009
dear shiv raj

your quary is not sufficient to resolve.
firstly you have to tell whether x was the owner of the property or his father, secondly whether x father if he was the joint owner of the property has made his signature or was also a party in the partitionship deed, then only my friend i could be able to help you to my best
sanjeev murthy desai (Expert) 31 January 2009
already replied this question

sanjeev desai
Hiralal Das (Expert) 05 April 2009
? ? ?


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