The law of preemption is there which makes the seller to offer land to the adjacent land owner first if he wants to sell the and. This is alw is however hardly followed.

Mere cancellation of sale agreement and return of advance money does not make the dela as cheating. However before doing this first ensure whether the adjacent land owner is ready to oay the market rice or not and for doing this send him a a notice quoting a price for your land and fixing a deadline to seal the deal. If he fails to do this then you can sell the land to anyone you choose.

Hi, unless there is an agreement you are not bound to sell the same in favour of adjesent owner. And secondly cancellation of agreement does not amount to cheating.

1. Yes, before selling the said land you should offer it to the adjacent land owner as per law,

2. Send him a legal notice offering him to sell the said land at the price to be paid with in 30 days at which you have already contracted to sell it to the other person,

3. If he refuses to comply with, you can sell it to the other person.

1. According to the law of pre-emption, which will apply to your case, when any land is to be sold by the owner, he shall first offer it to the owner of the land adjacent to the land which is to be sold.

2. If the land is sold to some one else the adjacent land owner shall be entitled to file a lawsuit to pre-empt the sale of land and also to get the land transferred to him after the sale is complete. If you sell the land to the person with whom you had an oral understanding and who has paid you the advance, the adjacent land owner can after the sale move to court against the purchaser, whereas the purchaser may file a lawsuit against you for refund of his money. Hence, it can result in multiplicity of litigation.

3. If the adjacent land owner is willing to pay the market price then offer the land to him. If he is not willing to pay it then you may go ahead and sell the same to the person to whom you made an oral promise to sell the land. The right of pre-emption does not confer on the adjacent land owner the latitude to get a property at the price desired by him.

4. You have not made a written agreement with the other person. So no cheating case would lie against you as long as you return in entirety the advance paid to you.

1) how did your receive advance payment ?

2) was it by cash or cheque?

3) did you give any receipt for advance made ?

4) has your neighbor made written offer to you . ?

5) is he willing to pay market rate of land ?

6) is the offer equivalent to offer received by you from another person ?

7) if neighbor is willing to pay market value he would be entitled to right of preemption under provisions of bihar land ceiling act

8) in the event you fail to give him right to purchase your land application would be made to DLCR wherein you would be directed to convey land to your neighbor within stipulated period

Section 16(3)(i) of the Bihar cieling act Act, whereunder a pre-

emption application is filed, is reproduced hereinbelow:

"3(i) When any transfer of land is made after

the commencement of the Act to any person

other than a co-sharer or a raiyat of

adjoining land, any co-sharer of the

transferor or any raiyat holding land

adjoining the land transferred, shall be

entitled, within three months of the date of

registration of the documents, of the transfer,

to make an application before the Collector

in the prescribed manner for the transfer of

the land to him on the terms and conditions

contained in the said deed:

Provided that no such application shall

be entertained by the Collector unless the

purchase money together with a sum equal to

7

ten percent thereof is deposited in the

prescribed manner within the said period."

It is evident on a plain reading of the same that a co-sharer

or an adjoining raiyat with respect to transfer of the land

shall be entitled to the claim of pre-emption.

2) further section 3 of the Ceiling Act which provides that the

provisions of this Act shall have effect

notwithstanding anything contrary contained in

any other law, custom, usage or agreement for

the time being in force, or any decree or order of

any court; the only exception being made to the

provisions of the Bihar Bhudan Yagna Act, 1944.

3) under circumstances it is advisable to give your neighbor option to purchase your land

Under the provisions of the Bihar Bhudan Yagna Act, 1944 it is better to send legal notice to adjacent land owner with your offering him to buy the land. And demand to pay the full amount to be paid with in 30 days at which you have already contracted to sell it to the other person. If he refuses to accept your offer you can sell it to the other person.