you can take help of easement law in this case as the right to sell it first stands in your favour than the third party
Preemption case for a pond
One POND measuring 35 satak approx - belonged to our long distance grandfather initially (CS Record). He gift deed the POND during 1988 to his five nephew (sister's son), therefore, 5 equal share owner (all resident of Jharkhand state) and mentioned my father name that since they(5 owners) live far, in their absence my father will look after the property. POND located at our Village (under Asansol sub-division, WB), POND was looked after by my father since last 30 years, Father wanted to purchase the POND from all the five owners, After long pursue, purchased 20% from one owner in 2009, in self name, another 40% from other two owner in 2019, in my brother's name, but the other two owner betrayed my father and sold their 40% share to another person (our long time enemy) one month back, without intimating us, Is there any scope/way/law through which we can regain the sold 40% share? Does Preemption law apply in this case? How much is the chance to win/regain the share?
Asked 6 years ago in Property Law
Religion: Hindu
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6 Answers
You can get stay from court sitting right of pre emption. Such right arises in intestate succession so rare possibility of success but your father can claim absolute ownership by theory of adverse possession.
But in this case, gift deed should not disclose.
There also a scope of right of pre emption between co owners, on this ground can seek relief from court.
1) co owners can sell their share without consent of other co owners
2) you cannot regain land sold other co owners
3) you can offer to buy out share of other co owners
co owner can sell their share without consent of other co owners.
preemption principle is applicable only in the case of the property of the co-sharers of a joint family.
Since your father was already a 1/5th share holder, the remaining share holders can not sell their share to another person.
2. Hence it is a fit case where you can file an application for pre emption .
3. on the basis of share holding your father has good merit in the case and hence before the law of limitation is attracted file an application for pre emption.
In the absence of any, customary or statutory law, the, right of pre- emption may also be created by contract. Any two persons may bind themselves under a contract that the law of pre-emption would be made applicable to them. The contract may provide terms and conditions for the applicability of this contractual pre-emption.
In the absence of any contract between your father and the owners who sold their share in the pond, it may not be maintainable even if he files a suit for preemption rights.
