Under Section 22 of Hindu Succession Act, such right has been conferred upon pre­emptor even before actual transfer if any of the heirs of Class I proposes to transfer his undivided share - Even if transfer has taken place, right of pre­emptor under this section is not lost -

2) your father can file pre emption suit 

3) section 22 confers a right on Class 1 heir only to seek the transfer of property in his or her name when the other co­heir proposes to sell the property. This Section is also applicable to the interest already transferred, but the intention of enacting the Section is to see that the property will remain in the hands of co­heirs only and to prevent the strangers from acquiring any interest of the co­heir. Further it is clear that the provisions of this Section are confined only to Class­1 heirs specified in the Schedule. It is only a personal right given to one or other of the co­heirs. That right is neither transferable nor inheritable.

The suit under 22 of HSA is for preferential right to other legal heirs of class 1. you can try your luck.The legal heir who offers the highest consideration the court will give preference to him.

you can claim a share by filing partition suit only if the property is an ancestral property and NOT a self acquired property of your grandfather

also s.22 pertains to acquisition of the share of the intestate in the property by his class 1 legal heirs

a grandson is not a class 1 legal heir of his grandfather

the grandfather's legal heirs are his sons i.e. your father and uncle

therefore you do not have any right of pre-emption or preferential right given in s.22 of HSA 

Before giving your remarks in the comment section, you are requested to read the response carefully

the property was relinquished by your grandfather to his sons

so the sons, that is, your father and uncle became entitled to the same as owners thereof

if that is so, then how can you file a partition suit when your father is still alive 

the property which your father got is not ancestral property in his hands, but becomes his self acquired property

the son gets right in such a property only when the father dies intestate 

your father is still alive

he or your uncle are not required to take your consent before selling the property because it is not ancestral property

your partition suit will fail

also i repeat s.22 gives right of pre-emption only to the class 1 legal heirs

a grandson is not the class 1 legal heir of his grandfather

Your father can file, A pre-emption right, right of pre-emption, or first option to buy is a contractual right to acquire certain property newly coming into existence before it can be offered to any other person or entity.

Dear Client,

On what basis you are claiming share in grand father`s Property. Through relinquishment/settlement deed, they have become absolute owner. And if property was in sole ownership of grandfather than it would settlement deed not relinquishment deed. 

Who actually purchased the property ? Grand father or great grand father ? Pre empt right dose not arise, as property in not ancestral and also due to relinquishment/settlement deed.

Father cannot file a preemptive suit against same company. 

Yes there are judgements which specifically state that agriculture land is state subject and if there is any state law in that regard then it can be excluded like in UP otherwise HSA shall apply.

There is no limitation specified for partition of share.

Is this ancestral property?

How do you say it is ancestral proeprty.

Your grandfather's property is not ancestral property.

Moreover he had acquired the proeprty and had even alienated the same to his sons, hence it lost the nature of ancestral property at that time itself.

Thus, in my opinion, you may not be able to invoke section 22 of HSA in your favor.

In fact your suit seeking partition or declaration of your title in the proeprty may also not be maintainable, or you revert with more details in order to render you more proper opinion in this regard

No she will not get plea of adversity e possession in above case 

Have you filed poluce complaint of forgery ,fabrication of documents against the servant 

kindly clarify 

2) have you in turn filed suit for eviction against st the servant ?kindly clarify 

3) if you have issued legal notice to servant to vacate premises and filed eviction suit he is trespasser and cannot claim adverse possession as he is not in open ,hostile uninterrupted possession 

You issue a legal notice immediately to vacate and handover possession of property because he has illegally taken possession.

This will prove that his possession is hostile hence he cannot claim title by adverse possession.

In India the concept of Adverse Possession mean that a trespasser or a stranger who comes into possession of the land must be in exclusive and continuous possession and without interruption for a certain period of time typically 12 to 30 consecutive years depending upon the classification of ownership.

If any notice is served and after the deadline, the current possessors of the flat doesn't vacate the flat then in such case, the owner can file a case of illegal possession before the Hon'ble Court. File a suit for eviction of illegal occupants/trespassers from your property.

However if he has already filed a suit then he cannot claim title to the property by law of adverse possession

No adverse possession when case is pending in court. No criminal case as matter is of civil nature after such long court battle.

File appeal agasint the owner by revenue court.