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Regarding Preamtion
2 weeks ago
Can I suit a case if a deed which was made consisting of three plot numbers, in case of two of those three have share but in the third there is no share?
A.Dear Client,
Section 22 of the Hindu Succession Act, 1956 deals with the preferential right of heirs to acquire the interest in immovable property when it devolves upon two or more heirs specified in Class I of the Schedule. Section 22 provides that when an interest in any immovable property of an intestate devolves upon two or more heirs, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred. As per Article 97 of the Limitation Act, 1963, to enforce a right of pre-emption whether the right is founded on law or general usage or special contract is one year from the date of cause of action. The right of pre-emption, or first option to buy is a contractual right to acquire certain property newly coming into existence before it can be offered to any other person or entity. Under Section 31 of CPC, in a suit to enforce a right of pre-emption, the fee shall be computed on the amount of the consideration for the sale which the pre-emptor seeks to avoid or on the market value of the property sold, whichever is less. Reach out to an Advocate experienced in civil cases for guidance and steps.
Section 22 of the Hindu Succession Act, 1956 deals with the preferential right of heirs to acquire the interest in immovable property when it devolves upon two or more heirs specified in Class I of the Schedule. Section 22 provides that when an interest in any immovable property of an intestate devolves upon two or more heirs, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred. As per Article 97 of the Limitation Act, 1963, to enforce a right of pre-emption whether the right is founded on law or general usage or special contract is one year from the date of cause of action. The right of pre-emption, or first option to buy is a contractual right to acquire certain property newly coming into existence before it can be offered to any other person or entity. Under Section 31 of CPC, in a suit to enforce a right of pre-emption, the fee shall be computed on the amount of the consideration for the sale which the pre-emptor seeks to avoid or on the market value of the property sold, whichever is less. Reach out to an Advocate experienced in civil cases for guidance and steps.
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A.Dear Client,
We would require more details to precisely answer your question on pre-emption rights. In case, a sale deed is executed for the properties in which you hold shares without your consent, then you can file a suit before a jurisdictional civil court and challenge the said sale deed. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
We would require more details to precisely answer your question on pre-emption rights. In case, a sale deed is executed for the properties in which you hold shares without your consent, then you can file a suit before a jurisdictional civil court and challenge the said sale deed. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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