I've a road facing land with dimensions 21 ft road facing and 172 ft in length. I want to SELL IT. The land is in my sister's and my name as registered deed but we haven't updated the mutation to our name and it is in the name of my deceased father. There is a G+4 building (on a larger area land) adjacent to our land and another newly constructed building (G+1) on the other side. The land is in HOWRAH district (Amta road) in West Bengal where the official rate is, lets say, INR 5 lakh per kata. I have a buyer willing to pay me much more than the official rate. Q1. I hear that I've to inform the adjacent land owners that I am selling because later when they hear that i sold the land to someone at a higher rate, they can lodge a case against me that they were not informed and they are willing to buy it. SO now they will buy at Gov rate only. How much truth is in this? What section of law? Do i face an threat or liability from adjacent plot owners in such scenario? Q2. What is the minimum area requirement for G+4 sanction in that area? because buyer is saying he will only get G+2 because my plot of land is narrow. Q3. I also hear that the developer has to leave 4 ft from each side to construct as per Planning Commission rules. Is that correct?
1. No there is no provision that you have to inform your neighbour before selling your land on higher rate. This is a false information.
2. This information will be available with town planning deparment of howrah.
3. Yes it it correct that for new construction you to leave margins on both front and back but exact margin will be according to area where the land is situated.
Yes it's a easement law but they need to accept your offer otherwise you can sell the same to other party.
Yes.
Before you sell the land carry out mutation of property in your name
2) you are not bound to sell land to your neighbour at govt rate . You can inform them that you ha d received offer for purchase at x rate which is more than govt rate
3) if they are willing to match the rate you can sell the land at said rate to neighbour
4) you should consult a local architect as he will be in position to guide you as to sanction that can be received by you for construction on your plot
There is no preemption law in India now.
One can freely sell his property to anybody at any price.
You do not need to inform your adjacent land owner about selling your land nor you require to approach them to sell your land.
You have to leave 4ft margin area as per municipality rule.
1. It appears that the land is a residential plot of land and not a agricultural land and if that is so then no such prior intimation to your neighbour is required.
2. In every state falling under Municipal authority area the set back area varies but in most cases it is minimum 3 fee which is a building has to leave if it to have an opening .
3. Check building rules of your local Municipality. If such space is not left vacant then the Municipal authority can demolish the illegal stricture.
1. There is no need to inform them.
3. Yes its true.
Regards
1. No there is no such rule you can sell same at market price you don't have to sell at government rates or inform the adjacent plot owners.
2. See that is as per local municipal laws, you have to get the plan approved.
3. Yes this is correct.
No, it is your private property, you can sell even objected by neighbor. G+4 can be build on and above 300sq mtr area.
Set back on sides and if height of the building shall not exceed 8m., no front set back will be necessary
1. It is called pre-emption and it is applicable for selling share of dwelling house occupied by family members of other share holders. It is not applicable in the instant case.
2. With 21 sft area facing the road, the developer can construct G+2 building legally.
3. Yes, the said area is to be left vacant in all the four sided for constructing the building in the given land as per the sanctioned construction plan.
You need not to take permission from the Honours of your neighbouring plots and you may go ahead with your plans so far as the area of construction is concerned it is dependent on the development authority that what are the norms that is fixed for the construction incase the construction norms has not been followed by the The landowners of the adjoining lands then and you may complaint to the development authority in this regard but in all the cases if you sell the property to any prospective buyer it is his responsibility to get the required approval from the development authority before he goes for the construction your responsibility about the property ends with sale of the property to any third person
there is no such rules. you can sell to anyone more than govt rate.
contact Local civic authority or you can file an RTI application for information.
1. You have been misinformed about this.
There is no restriction on you to sell your property at your will and wish.
Your neighbors have nothing to do with your property neither they can raise any such dispute, it is none of their business, you dont believe such rumours.
2. This aspect may be enquired from the competent authority who would sanction the approval of construction.
3. The set back as per prescribed extent has to be made which would be as per the approved plan
The main confusion is around the adjacent owner having the right of pre-emption during sale of land. I would like to know what are the conditions where pre-emption will be applicable. My land is listed as "Danga" which I understand is non-agricultural high land. The legal heirs (I'm one of four) inherited this land from my deceased father. The other 2 legal heirs have gifted their share to me by way of registered gift deed. The land is with mutation under my deceased fathers name. Q1. Does the adjacent owner have the right of pre-emption? Q2. What are the conditions pf pre-emption when its applicable? Q3. Lets say the adjacent owner does have the right of pre-emption, What is in his power? If i sell land to 3rd person at double the government valuation, can the adjacent land owner do any harm to either me (after registration) or to the 3rd person buyer (after registration)? Basically, can he somehow acquire the same land at basic gov. valuation?
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.
The pre-emption has also been defined by Justice Syed Mahmood as a right given to the owners of an immovable property for quiet enjoyment of that immovable property to obtain in substitution for the buyer, possession of certain other immovable property, on such term that as those on which such latter immovable property is sold to any other person
In the case of Pyare Mohan v. Rameshwar the Court observed that the right of pre-emption is a very weak right and a bona fide purchaser cannot buy land which he is legally entitled to own. Before 1978, the Indian Constitution also recognizes the right to property as a fundamental right under section 19(1)(f). Therefore, pre-emption is not favoured by the law as it seizes the property merely on the apprehension of inconvenience.
The pre-emption right can be exercised by any of the following three categories of the people-
1. co-owner of the property
2. participator in appendage such as a right of way etc
3. owner of an adjoin property . In addition to that, the right of pre-emption arises only out of a valid and complete sale. It does not arise out of a gift or mortgage.
However, to exercise the right of pre-emption, there are certain conditions that need to be satisfied. Those conditions are-
1. ownership over an immovable property,
2. sale of the property which is not of the person exercising the right of pre-emption,
3. there should be some relation with respect to the property between the pre-emptor and the seller of the land,
4. possession of the other property is given to the pre-emptor on the same terms as on which the other person is given the right.
1. No you can freely sale same to the third party.
2. See you can sale transfer property freely on your own wish.
Yes to certain extent he will enjoy pre-emption. If he is not able to pay your market price then you certainly have right to sell it to others if. he is ready to offer then he will have first right
a case of pre-emption under Section 8 of thewest Bengal land reform Act of 1955 a pre-emptor has to establish that a portion or a share of a plot of land of a raiyat was transferred to a stranger purchaser, that the petitioner pre-emptor was a bargadar, or a co-sharer or an adjacent land owner of the plot of land from which said transfer was made and that he filed said application within the prescribed time.
2) neighbour has to within four months of the date of such transfer, appiy to the [Munsif having territorial jurisdiction,] for transfer of the said portion or [share of the plot of land]to him, on deposit of the consideration money together with a further sum of ten per cent of that amount:
3) neighbour can not acquire land at govt valuation
1. The adjacent owners of individual plots have no right of pre-emption on your said individual plot inherited by you from your father..
2. If one dwelling house has been partitioned in between the brothers all of whom stay in the said house with their families, then if one brother wants to sell his share of the partitioned house, then he shall have to offer it to be sold to other brothers living therein with families who have pre-emption right in the said case.
3. The adjacent plot owners have no pre-emption right for which the question of their claim does not arise.
Until ordered by court.
No harm, if he claims pre emotion right, he need to pay you same amount which third party offering.