Dear Sir, I own approximately 47 Katthas out of total 60 kahhtas of land in Plot No. 502, which originally had multiple landowners. These owners possessed varying shares, such as 15 Katthas, 6 Katthas, and smaller parcels of 2 to 3 Katthas. Recently, Mr. B, who owned 3 Katthas in this plot, located between two of my holdings measuring 3 Katthas and 5 Katthas, sold his share to Mr. X, an outsider who holds no other land in Plot No. 502. I was not informed of the sale by Mr. B, despite my interest in purchasing the land. Under Section 8 of the West Bengal Land Reforms Act, 1955, am I eligible to file a pre-emption case before the court, given that Mr. B did not notify me prior to the sale, thereby denying me the opportunity to purchase at the offered sale price? Additionally, does Section 5(5) of the same Act impose a legal obligation on Mr. B to inform me as an adjoining landholder before selling to an outsider? If I proceed with filing a case, along with depositing an additional 10% of the sale consideration within 90 days of the sale, what are the chances of the court ruling in my favor? Kindly also clarify the rights of Mr. B as the transferor and explain under what circumstances the newly sold property may fall under the ambit of the pre-emption act. Thank you for your guidance.
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You are eligible to file a pre-emption case under Section 8 of the West Bengal Land Reforms Act, 1955.
2) Section 5 of the West Bengal Land Reforms Act, 1955 states that the Court, Revenue Officer, or registering officer must send a notice to the authority mentioned in sub-clause (i) of clause (b) of sub-section (1). This authority then serves the notice to the co-sharers mentioned in sub-section (4) by registered post.
3) you should get favourable orders
The West Bengal Land Reforms Act of 1955, Section 8, covers the right of pre-emption for co-sharers and contiguous tenants. Contiguous space can optimize operational efficiency.
Thank you for addressing my concern. My lawyer has advised that I am eligible for pre-emption only if Mr. B has sold a "portion or share" of his 3 katthas, rather than selling the entire 3 katthas. He explained that if Mr. B has sold his entire 3 katthas to Mr. X, the right of pre-emption would not apply. Could you clarify what the law or any Supreme Court rulings say regarding this? Will the term "portion or share of the plot" be interpreted as my lawyer suggests, or could it be considered as a "portion or share of the mother plot No. 502"?
The law confirms preemption rights, it is not for a portion or for the entire property that was sold by the neighbor.
you may peruse the referred judgment posted in my previous post which will elucidate the details.
You have stated that you
own approximately 47 Katthas out of total 60 kahhtas of land
in Plot No. 502,
A co-sharer or contiguous tenant can exercise the right
of pre-emption.
- As per Section 8 of West Bengal Land Reforms Act, If a portion or share of a plot of land of a raiyat is transferred to any person other than a co-sharer of a raiyat in the plot of land, the bargadar in the plot of land may, within three months of the date of such transfer, or any co-sharer of a raiyat in the plot of land may, within three months of the service of the notice given under sub-section (5) of section 5, or any raiyat possessing land (adjoining such plot of land ) may, within four months of the date of such transfer, apply to the Munsif 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.
- Hence, Mr B was under obligation to inform you for the sale. and hence being the co-sharer you have right to issue a notice for the same and to file the petition before the Court.
Dear Client,
If, Mr. B, sold a portion or share of his 3 katthas to Mr. X then you may be able to file a pre-emption case under section 8 of the West Bengal Land Reforms Act, 1955 because section 8 allows pre-emption to co-sharer or a contiguous tenant. I disagree with your lawyer’s argument that pre-emption is only applicable if a portion is sold and not the entire 3 katthas. A wider interpretation could consider the entire 3 katthas as a “portion or share of the mother plot No. 502” The provision of Section 5(5) imposes a legal duty on Mr. B to notify the adjoining owners, including yourself before selling to a third party. If Mr. B failed to notify you, then he might have breached this section therefore making your case for pre-emption even stronger.
Hope you find this answer helpful in resolving your problem.
