a brother can file a suit for pre-emption against his other brother for property

A person can claim pre-emption if they have a certain relationship to the seller of the property, and if they meet other requirements. For example, in Mahomedan law, a co-sharer in the property or a participator in immunities and appendages can claim pre-emption. 

The right of pre-emption must exist on the date of registration of the sale-deed, the date of filing the suit, and the date the court decrees the case

In terms of the Constitution Bench judgment of this Court in Shyam Sunder and others v. Ram Kumar and another, the right of pre-emption has to exist on the date of registration of the sale-deed, on the date of filing of suit and also on the date the same is decreed by the first Court.

The right of pre-emption is the right to offer the property to be sold. It is the inherent right or the primary right of the adjacent property's owner. It is the remedial right of the pre-emptor to follow the thing sold.

No harm to file suit. 

1.  You can file a suit for pre-emption as you are entitled for the first right of rejection as the entire property originally belonged to your father. 

2.   A brother should have offered his property to the other brother for sale before keeping the property in public domain.

In view of the judgment of the Hon'ble Supreme Court in the case of Barasat Eye Hospital Vs. Kaustabh Mondal reported in (2019) 19 SCC 767, to exercise the right of pre-emption, the pre-emptor is required to deposit the entire consideration price of the sale sought to be pre-empted along with the application for pre-emption;

2) Section 8 of the W.B.L.R. Act 1955 speaks of the right of purchase by co-sharer or contiguous tenant in respect of a portion or share of a plot of land.
If a portion or a 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 as the plot of land may within three months of the service of notice given under the provision of sub section (5) of section 5 of this Act or any raiyat possessing land adjoining such plot of land may, within four months of the date of such transfer apply to the Munsif having territorial jurisdiction for the puspose of such transfer of the said portion or the .........
Such transfer shall be subject to the limit stated in section 14M of this Act on deposit of the consideration money together with a further sum of ten percent of that amount.

3) in your case land was sold 20 months back .you have to explain the delay in filing suit for preemption and for setting aside sale 

- In West Bengal, the right of pre-emption allows a co-owner to purchase property before it can be sold to someone outside the family or co-ownership.
- Further, as per the Limitation Act, the limitation period is one year for filing of suit for pre-emption, and 3 years for non-notified co-sharers.
- Since the land is already sold to a third party over a year ago, then you may face challenges in filing a pre-emption suit now.

Dear Client,

In the present case, the father has transferred his Parts of land (A & B) in favour of his two sons. While one son sold his part of the land to a third party without informing about the same, to the other son, before 1 year 8 months, mutation, i.e., change in the ownership records has also been done already. Hence, you want to file a suit of pre-emption here. While there exists Land Reforms Act for each State, there exists the West Bengal Land Reforms Act, which may be applicable in the instant case, as the property was located in Kolkata, West Bengal. Under this Act, a suit may be filed by the other brother on grounds of being the co-sharer of property, and lack of notice of the sale for the same. Though you would have to inform on your interest to buy the property within 3 months of receiving the notice of transfer, and since you did not receive any such notice, a Suit for pre-emption filed may compel the buyer to sell the property to you, as you will have a priority over other buyers.

Hope you find this answer beneficial for resolving the dispute.

file suit will application for consolation of delay 

It will be accepted even though already 1 year has elapsed because still it's within the limitation period

The limitation to file a suit for preemption is one year.

The limitation to enforce a right of pre-emption, whether founded on law or general usage or on special contract, is one year. You should contest the suit on merits. limitation period for exercising the right of pre-emption is three years in respect of a non-notified co-sharer.

Section 8 provides application should be made within 4 months of date of transfer of land 

I fail to understand how application within one year would be within limitation period 

- You can file an application for condonation of delay on the sufficient ground with the petition for pre-emption. 

1. File a Declaratory Suit praying for declaration that the said sale deed is invalid since the sale was made without following the principle of preemption with a direction upon the Registrar to cancel the said Sale Deed 

2. File it fast.

You will have to show some reason though it is within the limitation period showing that you could arrange for the legal fees now or was sick etc.

1. It will be declaratory suit.

2. Engage a Lawyer  having expertise in this field to file your case at the earliest. 

- Yes, if you are claiming the ownership with possession of the property then you will have to deposit Court Fees with the suit. 

deposit of the consideration money together with a further sum of ten percent of that amount.

The necessary Court fee only which will determined based on the value of the property in queation.

It has been repeatedly held by the Supreme Court that right of pre-emption is...that a pre-emptor should deposit 1/5th of the pre-emption money at the time of filing of the suit failing which his plaint was liable to be rejected.

There is gross delay in filing application fir pre emption .it has to be done  within 4 months 

chances of obtaining any relief are bleak 

As per article 97 of the limitation Act, 1963, the period of limitation is one year from the date when the purchaser takes physical possession of the property,or, if not in possession, from the date of registration of the sale deed. Therefore, if the sale took place 2.5 years ago, the limitation period of 1 year has already expired.
You may not be eligible to file a pre-emption suit now.

Yes you can do the same if you have a preemptive right 

- The delay in filing can be condone on the reasonable ground 

- Hence , you can file an application with the suit . 

Do you have any option other than filing a suit for cancellation of the Registration of the concerned sale deed for want of pre-emption.