Legal Question in Real Estate Law in India

To file suit for preferencial right.

My fathers brothers sold a land to xyz before 10 months without our consent. At present the possession of the property in my hand. But I dont want to give that property to xyz. Now can Claim that property to file a suit in court under Preferancial right under section 22 of the Hindu Succession Act 1956. Please also advise me if i comes under Class II as I am not a actual Son. Also Please advise me that can second wife file a suit for preferencial right to purchase that land

Asked on 12/22/08, 4:58 am

4 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: To file suit for preferencial right.

Yes, you may consider filing a civil suit for enforcement of your rights.

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Answered on 12/22/08, 9:52 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: To file suit for preferencial right.

There is no preferential right in case of land under Hindu Succession Act.

Class II heirs have right only if there is no Class I heirs.

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Answered on 12/23/08, 3:10 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: To file suit for preferencial right.

Your details needs to be examined but for time being yes they can file a suit under pref right.

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Answered on 12/22/08, 5:47 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: To file suit for preferencial right.

yes, u can file the suit and seek the stay and restraint orders qua the property in dispute. class of legal heir depend upon the nature of property whether its self acquired or joint family.

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Answered on 12/22/08, 11:48 am


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