right of selling
joydeep chatterjee
(Querist) 03 January 2010
This query is : Resolved
sir,
my grand father had acquired (purchased) a land in 1975 in kolkata and developed an house on it.in the year 1987 ,he had made two partition of the land and existing building and sold to my father and my uncle through sale deed in lieu of money.we have a common stair with my uncle for the entrance purpose.my father died in 2001.then onwards me,my mother and my brother are the legal owner of my father's portion of land and building as per inheritance.when my father was alive , my uncle built the third floor of his portion and sold to a third party.Now in absence of my father,we want to sell our portion.mutation is in our name. can we sell our portion to a third party or i have to get NOC from my uncle or we have give first offer to my uncle? we don't share good relation with my uncle.
pls help me in this matter.
thanking you,
Joydeep chatterjee
adv. rajeev ( rajoo )
(Expert) 03 January 2010
right of pre emption applicable. Law says always property shall be given to the adjecent ( adjoining) owner if he is not interested then only it can be given to others.
So in your case it is better to take no objection or consent from your uncle to sell your property to the third person.
Devajyoti Barman
(Expert) 03 January 2010
Your grandfather seems to have partitioned the property by metes and bounds during his life time. In that circumstances you have got no legal hindrance to sell it out to the stranger even in absence of any type of NOC from your uncle.Go ahead.
niranjan
(Expert) 03 January 2010
I agree with Barman.
Raj Kumar Makkad
(Expert) 03 January 2010
You have no legal requirement to obtain any NOC from your uncle nor is the requirement to offer him first preference rather you have got free rights to sell your property as has been sold by your uncle (2nd floor). So do as per your whims and wishes.
