Can we sell our 1st floor property

You have to inform to the ground floor owner about sale of your 1 st floor property. If they ready to buy as per market value or your demanded value, you have to give first preference to sell to ground floor owner. If they not ready to buy then you can sell it to others. No objection.

The owner of Gnd Floor is not our relation . The entrance is separate. (Though there is some common utility ) And in the deed of 1st floor it is mentioned that the 1st floor can be sold according to our choice. Then how the Gnd Floor owner has to give priority ? Suppose the we got an amount from one buyer say 20 L for the property , and the market value is say 18 lakh and the Gnd floor owner want to buy it as a much lower price say 10 lakh , then what will happen? Do we have to sell his price as 10 lakh ? Can he take legal step if we sell it to the buyer in 20 L .

Dear Friend,

Yes you can sell the 1st floor area of your possession to any body of your choice as you are a free hold owner of the property by the will of your father by way of Gift to the two brothers.

There is no law which can debar you for getting it sold first thing and next if there is any common passage of use it shall remain under the law of the easement for the use of the first floor by the occupier of the the first floor. Please go ahead with the agreement to sell with the some advance and after a stipulated time of the agreement go for the sale deed, the ground floor owner can not object on any ground for this sale.It is your title and you are exercising the right to sell the property as per your sweet will and sound mind with out any hindrance and coercion from other third party.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Advicelaw1@gmail.com

Ph: 9582144748

Dear Mr. Bali Thanks for your reply . But in earlier thread , Mr ramachari wrote the opposite thing that the owner of Gnd floor has to be intimated first. . So I am in a confusion . Is there any standard rule ? The owner of Gnd floor has given a letter through his advocate raising some false allegation against the 1st floor owner and also expressed ng their proposal to buy at" at the consideration with the Market Price'. When I contacted some local advocate, he advised me to send the reply of the letter of Gnd floor owner's advocate and also do some procedings (including caviate )in the local court . So we are in confusion. I could have contacted you,but that can not be possible because of geographic reason. So Please let us know whether we can ignore the letter send by him and sell the property / or do some legal action suggested by local lawyear. Thanks in advance