• Relatives creating trouble for sale of land

We have a land in which we want to sell now. The buyers are also interested and the deal is almost final. Some relatives who live adjacent to the land are now threatening to put a stay order if we try to sell it and demanding that we sell it to them. We had earlier made an offer to them around 5 years ago but they never showed any such interest(we have old letters as a proof). Now they are asking for some time as they want to buy it. This is their way of not letting us sell the land. Kindly guide us on how we should proceed.
Asked 7 years ago in Civil Law

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6 Answers

1. The owner of the adjacent land has always preferential right to buy your land which is called right of preemption.

2. So they have legal right of preference.

3. However since they are not serious to by this land you can sell this to anyone you choose.

4. However to restrain them to file a case under preemption you can may later on register the sale deed as without registration of sale deed they could not challenge the sale.

Devajyoti Barman
Advocate, Kolkata
22817 Answers
488 Consultations

5.0 on 5.0

1) you don't need relatives consent to sell your land

2) court would not grant any stay order

3) you have given them sufficient time to purchase your land

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

There is no issue in selling your land to any party. If you are receiving better price from neighbors, sell to them. As far as any stay order is concerned, they cannot get it as long as you are the actual owner of the property.

The papers should be in your name. You can sell to anybody and none can stop you from it.

Deepak Tiwari
Advocate, New Delhi
91 Answers
14 Consultations

4.5 on 5.0

1. you have absolute right to sell it to anyone.

2. they cannot take any injunction order or stay order on the ground of pre-emption right because you had shown their reluctance about purchase of land.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

3. however you have absolute right hence you cannot approach the court for any order.

4. when they again started interfere then you can take injunction order because then you have accrued a right against unnecessary interference.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You do not have to take the consent of your relatives of neighbors to sell the property if you have marketable title on the property.

They cannot put any restriction to your selling desire or can get any stay on any grounds.

You may first file a caveat against them and then sell this proerty if you apprehend them to put an embargo in the form of an injunction to your proposal to sell your own property .

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

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