You can do the same already answered your question. Preferential right will be given to the class one legal heir who offers the highest price
Hsa
Grandfather in 1968 through court decree relinquished part of estate in favour of his sons (Accelaration of succession ,i guess ) to save from ceiling act. My uncles and father sold part of that land through different agreements without my consent in 2008. Uncles didn't got registration done and hence specific performance was filed by the company against them, which they compromised 10 months ago with the same company to which my father sold his share. Partition suit still pending. I have filed for declaration of my title along with my sisters against same company and father. My query is CAN MY FATHER FILE PREMEMPTIVE SUIT AGAINST A COMPANY TO WHICH HE ALREADY SOLD HIS SHARE?? CAN HE DO THAT?? Does hsa 22 excludes agricultural land?? Grandfather is long dead but he relinquished his rights way back in 1968 in favour of his sons, WOULD IT STILL COUNT AS INTESTATE?? Partition was never done so nobody knew exact portition. Land is agricultural. Haryana rules apply. Whats the LIMITATION?
Asked 7 years ago in Property Law
Religion: Hindu
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10 Answers
1) father cannot file pre emptive suit against company to which he sold his share
2) Section 4(2) of Hindu Succession Act provides the over-riding clauses of this Act. For the removal of doubts it is hereby declared that nothing contained in this Act shall be deemed to affect the provisio
ns of any law for the time being in force providing for the prevention of fragmentation of agricultural holdings or for the fixation of ceilings or for the devolution of tenancy rights in respect of such holdings.
3)Allahabad HC has held that agricultural land is in exclusive domain of State Legislature and Parliament has no power to enact any law in this respect
4) grand father has during his lifetime relinquished part of estate
5) if he did not make will for balance estate he would have died intestate
How can father will file suit of pre emption, his right never violated.
Sec 22 apples to all type of immovable property and business.
Not intestate but sole ownership through relinquish/settlement deed.
No limitation for partition suit.
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.
s. 22 will not apply in this case
your father was the vendor
such a suit can be filed only by any other class 1 legal heir of your grandfather claiming to be given first preference in case the other heir is selling his share in the property
in this case it is your uncle who can file such a suit claiming to be given first preference if your father is selling his share to third party
intestate means when a person dies without making a Will. So the intestate in this case is your grandfather
the limitation for such pre-emption suit will begin when the heir sold his share or interest in the property of the deceased to a third party without offering the same for purchase by other heir/s
What is the reason that your father will file a preemptive suit against the purchaser?, is there any condition in the sale deed for this provision, if not then he cannot do that.
Your grandfather has transferred his properties during his lifetime hence it cannot be said to intestate.
Even though you claim that there was no partition doine, but the properties were transferred to his sons through a decree, hence it cannot be said to be his properties anymore once it was alienated.
Mother got share in ancestral property after contesting case in court from her father( maternal grandfather). Now she willed the mentioned property to 2 sons and left one son out. Does the remaining son have right to his maternal grandfather property or not. ?? Although mother is alive and willed the property.
Asked 2 years ago
The proeprty acquired by their mother becomes her own and absolute property, meaning thereby is taht she can transfer this property to anyone of her choice, the remaining son cannot agitate for not allotted with a share to him.
It will not be maintainable even if he is trying to prosecute
Son does not have any share in
maternal grand father property during mother lifetime
No he can’t claim it as it has become self acquired property of mother
Yes.