My father has a property which he wants to sell however he had 2 sisters both died few years back and now his niece and nephew(elder sister's children) has registered a case against him that with 2 objections 1) partition of the property of my father's sisters (which he is giving to them) 2) if we want to sell our portion of the property we have to sell it to them. Is there any kind of compulsion that if we want to sell our portion of property we have to sell it to them. Please i need your kind help regarding this.
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1. It is not clear how your father got this proeprty?
2. The sister has share in the property if your father inherited the proeprty from your grandfather and the your grand father has died post 2005.
3. If this proeprty doed not fulfil these 2 conditions then neither the sisters nor their children have any share in it.'
4.in that even they have no preferential right to buy this proeprty.
1) you cna give them first rioght of refusl
2) if neice and nephew are willing to pay market price of property no hatrm in selling your share in property to them
3)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
My grandfather and grandmother had died in 1982-83 they had 5 children which includes 3 sons and 2 daughters out which we have bought the share of my father's brothers and we had asked my fathers sisters to take their share money however they said we can use the property..now we want to sell our part leaving their portion aside and now we do not want to sell our portion to them because when had asked them through a mutual person to buy our share they refused and now the mutual person is refusing that we did sent a message through her so we dont have any proof...However neither we live in the town nor other party who has registered the case..and does hindu law applies here because ppl have been saying that this case will be forwarded to muslim sharia law board and yes I also came to know that "3)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" this law has been over ruled by the Supreme Court few years back is it true. Kindly explain in general language as i m not able to understand law language as i m a layman in this kind of issues
Right of pre-emption is known in Muslim Law as 'SHUFA'. It is the right, which the owner of a share in the immovable property possesses to acquire another's share in immovable property for the price for which it has been sold to another person. The right of SHUFA can be claimed by three different classes of persons and one of them is co-sharer ('shafe-e-sharik'), the other two classes are those, who claim the right by way of being owner of adjoining property.
2) since you are muslims you should offer to sell your share to neice and nephew .
3) if they refuse sell your share in proeprty
We have made an agreement with another buyer and the agreement will be maturing in January 2018 before the agreement everyone knew that we are selling our portion of the property at that time no one wanted to buy same is for the objection party. We would have sold it to them however they did not show any interest now after the agreement they have made the objection and on the agreement obviously the original is not mentioned. Mutual understanding is next to impossible because we had asked the buying party to cancel the agreement they refused to do so as it is registered agreement. so what could be done plz advice.
continue with the deal . seell your share in property to third party
2) let your relatives file suit and seek to exercise right of premeption to purchase property from purchaser
If it was your father's own property then he need not be worried about this partition suit filed by his nephew or niece against him
They are not entitled to seek partition for any reason and on any grounds if the property belonged to your father alone.
Further they cannot demand that you have to sell your portion of property to them alone, it is illegal and not maintainable in law.
You are a Muslim by religion then how do you think that Hindu succession act shall apply to your case.
If at all there was any judgment in this regard that may apply to Hindu laws alone and it cannot be extended to Muslim personal law.
Further since this is a property dispute between yor family members, it is your personal issue hence Sharia board cannot interfere in it. The staying outside the property jurisdiction cannot entitle the Sharia board to interfere in this mater or it has been conferred any such authority.
If they have filed a partition suit, it can be challenged as per law, further if a partition has not taken place how did you identify your share of property officially or legally.
Without proper partition you cannot identity your portion of property out of the entire property hence you have no option than to first partition the property and then you can sell your portion of property separately to anyone which she cannot object or interfere.
If the sale agreement was by a registered agreement deed, you have no option than to execute the registered sale deed and receive the balance of sale consideration amount.
You can proceed with the registration of sale deed if there is not restrictions from any court of law restricting you from selling the property