where right of pre-emption or first offer doesn't arise
Querist :
Anonymous
(Querist) 31 January 2010
This query is : Resolved
sir,
i want to know that in case of dwelling
house if there is partition of property between two brother who have aquired it through separate sale deed from their father
in lieu of money and now one of the brother wants to sell his portion to a third party ,then is there any right of pre-emption or first offer arise for the other brother?they don't share good relation.
urgent help required.
Raj Kumar Makkad
(Expert) 31 January 2010
There is no law of pre-emption in India in such cases and so the brother selling his dwelling unit is fully empowered to do so without any lega hurdle.