• Sale of land for commercial purposes

I want to sell my land to a buyer who wants to use it for commercial purposes. My property is located in a prime location making it suitable for commercial purposes. Is there any law stating that I can't sell my property to others without approaching my neighbour first ? His property is on the adjoining land. Also, what if there's a law stating such but still I don't want to sell my land to my neighbour but to other buyer's ? Kindly guide me regarding the legal formalities in this matter.
Asked 8 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

You need not sell to your neighbor and can sell it for higher price from whomsoever you like

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

I want to sell my land to a buyer who wants to use it for commercial purposes. My property is located in a prime location making it suitable for commercial purposes. Is there any law stating that I can't sell my property to others without approaching my neighbour first ? His property is on the adjoining land. Also, what if there's a law stating such but still I don't want to sell my land to my neighbour but to other buyer's ? Kindly guide me regarding the legal formalities in this matter.

There is no such law, and if you have a clear and marketable title then you may dispose off the land as per your choice.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Sir...kindly guide me in details regarding what am i supposed to do. I don't want to sell to my neighbour and I don't want him to create problems for both me and the buyer in future. Legally how can I prevent him from interferring in my sale of land.

If he not interfering then nothing can be done in anticipation and if however he interferes with the peaceful possession of your land then you will have to file a suit for injunction, restraining him from doing such activities.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Can my neighbour register a case of pre-emption against me after registration of land. The land is in West bengal. How can i sell my land to other buyers without the risk of pre-emption. I don't want to sell to my neighbour.

No such case of pre-emption can be filed by your neighbor.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Is there any law stating that I can't sell my property to others without approaching my neighbour first ?

There is no such law.

You can sell your property to any person of your choice.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

He cannot cause in hindrance in this.

In case he does, inform the Police and get him booked.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

I don't want to sell to my neighbour : You are not mandated to offer this for sale to your neighbour. Seel it to anyone as per your wish.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

I don't want to sell to my neighbour : You are not mandated to offer this for sale to your neighbour. Sell it to anyone as per your wish.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You are at liberty to sell your land to third party

2) you don’t need to sell land to your neighbour

3) you can execute sale deed in favour of third party

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

1) you don’t need to inform your neighbour that you are selling your land

2) there is no law that prohibits you from selling your land to third party

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

Your neighbour can claim right of pre emption under provisions of section 8 of West Bengal land reforms act

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

u r giving half details and changing ur stand in every question.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

You neighbour can exercise pre-emption right and stop you to sell this land to any other buyer, but there is a precondition that your neighbour should be agreed to purchase this land on the market price. If you neighbour is not agree to purchase this land on the market price then you are free to sell it to another person because you are the absolute owner of this property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You are not bound to approach your neighbour for selling of this land. If your neighbour came to know that you are interested in selling of this land then it is responsibility of your neighbour to approach you for purchase of this land on the market price.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

If the property is on your name and you hold the title by a registered deed, then you have marketable title to sell the property.

This means you are the absolute owner of the property hence you have full rights to dispose the property in the manner you may decide and desire, including to the person of uour choice.

You need not take the consent or permission from the neighbor who is a third person to the property and has no semblance or rights in the property that belong absolutely to you alone.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

.kindly guide me in details regarding what am i supposed to do. I don't want to sell to my neighbour and I don't want him to create problems for both me and the buyer in future. Legally how can I prevent him from interferring in my sale of land.

Why do you worry about your neighbor who has no rights or interest in your property.

Who misguided you that you have to be concerned about your neighbor while selling yor own property to a third person and not to this neighbor?

There is no such law or rule that you have to sell your property to your neighbor alone and you can sell it outside only when he refuses to buy.

Legally he cannot interfere in your possession or alienation of this property

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

Can my neighbour register a case of pre-emption against me after registration of land. The land is in West bengal. How can i sell my land to other buyers without the risk of pre-emption. I don't want to sell to my neighbour.

He cannot file any suit seeking the relief of preemption against you and no such suit is maintainable until he has a share in in the jointly owned or shared property.

If this is an individual property then you do not have to bothered about it since he has no rights or interest in it hence any legal action by him shall not be maintainable or tenable in law.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer