To sell my part of parental property
I and my elder brother were gifted a land by my father . i and my elder brother contructed 3 floors on our respective parts(my back and my brother in front ) and a common passage was given in between for our common use .
now i want to sell my back part with usage of common passage to my client, but my elder brother is objecting and denying the sale of common passage to my client.He is not interested in purchasing my part. He says that he will allow the use of common passage to my family members only and not to my client.
Also please tell what r his rights and power for use of common passage.
Has he any right to object this sale of my part as a neighbour.
Is it mandatory to obtain NOC under neighbours rights.
Can he claim or force to purchase my part at a lower amt as compared to my clients amount.
kindly guide.
Asked 7 years ago in Property Law
Religion: Muslim
Thanks for answers.
Under section 44 there is clause that a stranger cannot use or purchase common passage of a dwelling house of undivided family.
We have a "batwara" drafted among all brothers.
I want to know that wether this clause apply in my matter. I have a gift deed from my father to claim my part with common passage . My brother died and now his 3 sons lives in his part.
I contacted my brother several times but he is sticking to his point for not allowing anyone else to use common passage. My client is also demanding a written NOC from my brother then only he will purchase my part.
Please guide what to do. how can I get NOC from my brother and what will approx.time for the same.
Asked 7 years ago