1. Since the property is not joint nor you are co sharers , you have no right of objection against this purchaser.
2. Convincing him to resell the house to you is the only option.
Way to halt demolition of common ceiling and objections
1) My father in law and neibhour purchased plot in common. 2) builder constructed houses for both people 3) house is load bearing. Both have common wall of stone. So slab on walls is one only. Common is 7/12 4) House is 35 years old and stone construction. 5) I have purchased from father in law in 2006 6) We were interested in buying second part from the nebhors descendent ( four members) 7) They showed interst for one year but no discussion took place . 8) On of sudden they did deal with other person. I have already taken objection to public notice issued by purchaser through my public notice. I tried by convincing the purchaer also. Question, 1) can I file case to object this deal? 2) can i take permanent stay on demolition of common slab and wall. 3) Any alternative to get this property. We were and are ready to buy the said property.
Asked 2 years ago in Property Law
Religion: Hindu
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6 Answers
You have no case
2) neighbour is at liberty to sell his house to third party
3) offer to pay a premium for buying the house
as you have taken objection. If the same are valid grounds the same will be sustained in court through your suit and injunction if any
It is the right of an owner of immovable property to acquire by purchase another immovable property which has been sold to another person. In other words, under this right owner of an immovable property is entitled to repurchase an adjacent property which has been sold to someone else.
Definition of preemption is also given by Mohmood, J., in Gobind Dayal case in which he observation as, ‘Preemption is a right which the owner of immovable property possesses, as such, for the quiet enjoyment of that immovable property, to obtain, in substitution for the buyer, proprietary possession of certain other immovable property, not his own, on such terms as those on which such latter immovable property is sold to another person.
Are you claiming preemption rights?
If there is any attempt to demolish the common wall, you can very well file a suit for permanent injunction to restrain them from going ahead with the demolition of the same.
you can file a preemption suit if your lawyer suggests to file one on the basis of relevant property documents in your possession.
1. Since, your father in law and neighbor was the joint owner of the property , it means that both have equal right over the said plot and right to sell their respective share to third party , if there was no agreement between them for a restriction to sell the share to third party.
- Hence, no case made out against the said neighbor.
2. Yes, they cannot demolish the common slab and wall , and hence you can file a suit for Injunction against him for getting stay order.
3. File the said case
Dear Client,
If there was a prior understanding or agreement on the sale of the property, You may have a case if you can show that there was an agreement or court order requiring the property to be given to you first. You might have a legitimate worry if the shared wall and slab are altered in a way that could affect your property. But it would probably be necessary to take legal action to get a permanent hold on demolition. To reach an agreement with the opposite party, think about mediating or negotiating. This could entail talking to them about your interest in buying the house and resolving any worries they might have.
