Ancestral property disputes
I Sandesh aged about 36 yrs and I have been residing at place called Koppa at Chikmagalur(D),Karnataka State.
Issue is on my ancestral property which is a coffee estate with multiple crops like pepper,arecanut and coffee.
It's a 60 acres property which was shared by my father and my father's younger brother.As I heard from my father who is in his good health condition aged about 71 that the property with grand father's name need registered for my father and property under my grand mothers name been given to my uncle I.e my dad's younger brother.
But recently two months back my uncle sold the property to a local for about 1.2 crore.And the person who took the property been trying to start a poultry business by starting the earth work since 3-4 days.I have objected the project as my house is about 100 mtrs away from the planned poultry farm by sending objection plea to PDO,Tahasildar,DC and Karnataka pollution control board.
Now I am feeling,the local would be a great threat to me and i will not br sble to lead my peaceful life here though its my ancestral property and I would like to buy-back the property.Though my father requested my uncle to ask the local person regarding buy-back,uncle denied directly without even trying to approach the latest property buyer.
I would seek your help to let me know how can I proceed to buy-back property?Is it possible to buy-back?If yes ,Please suggest me the best feasible way out.
Asked in Family Law from Chikmagalore, Karnataka
1) you cna move court and seek injunction restraining purchaser from carrying on poultry business
2)under section 22 of the Hindu Succession Act, when a property is devolved upon two or more heirs specified in class I to schedule and if one of such heirs proposed to transfer his or her interest in the property or properties, the other heirs shall have a preferential right to acquire the rights proposed to be transferred
3)you have to file suit to exercise your right of preemption within period of one year
Local law is involved herein.
In many states like West BENGAL if two agricultural lands are contiguous then immediate neighbour has first right.
Socheck with your state from some local lawyer.
However I do not find any merit in stopping to run his poultry farm if he acquires necessary licenses from the public authorities.
Meet a local advocate soon.
Your uncle has sold his share in the property, so the new owner has the rigjt to till the land snd put it to productive use. Your uncle had the right to sell the land to anyone he desired. Unless the new owner has used his land in a manner that would make your land unproductive you have no cause of action against him
When your uncle is not ready for buy back then buy back is not possible but as per you information, this property was related to your grand mother so tell me the mode by which this property was transferred to your uncle's name?
If there is no written document then file a partition suit with cancellation of sale deed executed by your uncle in favour of that local before civil court.
Feel free to call
Advocate, New Delhi
Once the property had been distributed among their two sons by their parents and the transfers have been duly registered to their names, the respective individuals become the absolute owners of their respective properties.
An absolute owner can deal or transact with is property in any manner of his choice as per his desire.
He can sell his property to anyone. It will be illegal for him to sell somebody's property.
You have no legal provisions to even make a request for buy back.
What do you mean by buy back?
If at all there is any buy back it shall be with the seller alone and not with a third party.
If the new buyer creates any usance to you than you may proceed legally against him but you cannot snatch his rights in any manner nor there is any provision in law for this proposed action by you.