My parental property is in Kolkata in which my mother is the owner and resident of the ground floor. We want to sell the ground floor and have offered it to my cousin who lives in the 1st floor. The cousin has offered a ridiculously low price, and has stated we can sell the ground floor to any 3rd person buyer WITHOUT our share of the common area. The common areas include - 1. The terrace which also houses the single water tank supplying water to the entire building 2. The open area behind the house which has the underground water tank from where water is pumped up to the water tank on the terrace 3. A servant's bathroom at the side of the house on the ground floor My questions are - 1. Can we refuse the cousin's offer and sell the ground floor to a 3rd person? Does the cousin have any legal right to stop this sale? 2. Can we sell our proportionate share of the common area to 3rd person without the cousin's consent? this would include right to access the terrace and the water tank and the servant's bathroom 3. Can the cousin refuse access to the water tank to 3rd person buyer?
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You should have in writing that you have given first preference to your cousin but he had offered you very low price as per market value. Do you are looking for third party from market price to purchase a buyer.
You can sale without his permission to third party as you have offered first to him.
The cousin will only have easement right in it.
Yes
He can but you can approach court
Dear Client,
Thank you
You can sell ground floor to third party
2) buyer would have right to access the common areas
3) cousin cannot refuse access
1. Yes, your mother may sell the ground floor property to any third person without your cousin's consent.
2. In the sale deed you need to mention clearly about sharing of the common areas.
3. Legally, your cousin cannot do so.
1. If your mother is entitled and is an absolute owner of the said property and is desirous of selling her share of property she can very well sell the same to the prospective buyer.
The common areas of the complex shall also be part of the property that your mother is desirous of selling.
He cannot dictate any such terms.
The buyer is entitled to the predecessor's rights in the common areas, hence the same has to be mentioned in the sale deed while executing a registered sale deed in favor of the prospective buyer.
2. Yes, you can.
3. No he cannot.
