Riyaz (self) 20 December 2013

Legal opinion on disputed property

Hi,

I am planning to buy a property which is undergoing a court case in Gwalior.

Court case is all about first right of buying brother’s property.

Below is the exact scenario:

Person A has five sons A1, A2, A3, A4 and A5. Person A died before making his will, so all of his sons have divided the property and everything was settled.

Now, A2 and A3 got a property which was 1200 square feet. So ground floor they rented out by making 2 shops of 600 square feet each. A2 was residing on first floor and A3 was residing on second floor.

These two guys A2 and A3 have their own separation papers about the property.

Suddenly A3 is in need of Money. So, he sells his property to a person B. A3 registered that property to B.

Now, A2 filed a case against B saying that he should have first right to buy that property because he is a brother of A3 and staying in first floor.

Other brothers of A2 which are A1, A4 and A5 have already sold their property to some other people few years back. At that time A2 didn’t oppose and didn’t show any willingness to buy their property.

Now, I want to buy that property from B, because I am one of the tenets of that ground floor property. This is the only source of income for me.

Need advice from experts to go ahead with this property or not. Similar case was registered in Calcutta High court, but I didn’t know the final outcome of that case. I will appreciate if someone shares that case detail with me.

Thanks in advanced.

Thanks & Regards,

Reply Follow

2 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 21 December 2013

Dear Riyaz,

Ask Mr. B to issue a written SALE offer of the property to A2 with a stipulated time. If the A2 fails to purchase the property at the rate offered by the B within the stipulated time. The same can be produced as evidence before the court of law as evidence of failure of A2 in purchasing the property and the case automatically gets weaken as he was not able to purchase the property as offered by the B. Then as occupant of the portion you can purchase the property from "B" without any legal hassles.

Riyaz (self) 22 December 2013

Many thanks Mr. Narasimha for your reply.

There is a catch here. Person B buy that in 55 lakhs and did registry for 35 lakhs. Now, person A2 is ready to buy the property but he wants to pay only that price which is mentioned while registration.

Person B don't want take the loss of 20 lakhs so, he fighting the case rather than giving the property in loss of 20 lakhs.

More help in this regard will be highly appreciated.

Thanks & Regards