Want to purchase ancestral property
kamakhya mishra
(Querist) 19 January 2014
This query is : Resolved
1. my uncle want to sale his un partitioned share of ancestral land to some another person ,i requested and even offered him that i want to buy.but due to some other reasons he is not accepting my offer,Is there any way for getting my uncle share.
2. My uncle says that he will demarcate the ancestral land and after partitioned he is free to sale to any body he wishes.\
3. The ancestral land is a joint family property but it is under our sole procession.
4.please guide whether i can get / purchase my uncle share through court.
ajay sethi
(Expert) 19 January 2014
wait for partition of land to be carried out . after demarcation when your uncle tries to sell his share offer 20%more thasn highest bidder . your uncle will then have no option but to sell it to you . however you cant force your uncle to sell the property to you
kamakhya mishra
(Querist) 19 January 2014
My uncle can sale his portion free of cost to anyone except me, then how can i purchase from him , if he is fully determined for not selling me.
2.approx how much time it will take for partitioned through court.
ajay sethi
(Expert) 19 January 2014
file suit for partition . it may take years depending upon pendency of court cases in your city .
Adv. Chandrasekhar
(Expert) 19 January 2014
No. He cannot. You have got preferential right to acquire it in the event of his dispossessing it by any mode. I quote the relevant section for your purpose. Section 22(1) of Hindu Succession Act comes to your rescue.
22. Preferential right to acquire property in certain cases
(1) Where, after the commencement of this Act, interest in any immovable property of an intestate,
or in any business carried on by him or her, whether solely or in conjunction with others, devolve upon
to two or more heirs specified in class I of the Schedule, and any one of such heirs proposes to transfer
his or her interest in the property or business, the other heirs shall have a preferential right to acquire
the interest proposed to be transferred.
(2) The consideration for which any interest in the property of the deceased may be transferred under
this section shall, in the absence of any agreement between the parties, be determined by the court on
application being made to it in this behalf, and if any person proposing to acquire the interest is not
willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of
or incident to the application.
(3) If there are two or more heirs specified in class I of the Schedule proposing to acquire any
interest under this section, that heir who offers the highest consideration for the transfer shall be
preferred.
Kumar Doab
(Expert) 19 January 2014
Mr. Chandrasekhar has given valuable advice. Kindly follow it.
Make an offer to enter into registered agreement or approach court for partition and to have preferential right.................
It shall be better to obtain the services of lawyer specializing in such matters.
Rajendra K Goyal
(Expert) 19 January 2014
Well advised by the expert Adv. Chandrasekhar ji. Agree to it.
Raj Kumar Makkad
(Expert) 20 January 2014
I have also the similar opinion as expressed above.
V R SHROFF
(Expert) 20 January 2014
I agree with experts
T. Kalaiselvan, Advocate
(Expert) 21 January 2014
I agree with the proper and suitable advice and suggestion given by Advocate Mr. Chandrasekar in this regard.
