Right of Pre-emtion in sale of property

Our late father’s house has been divided floor-wise amongst us and the mutation is complete. Now one sister wants to sell her portion. Does she have to offer it to her brothers and sisters first? Or is there no need for that as the partition of the property and mutation have already been done and there is no dispute amongst us.

Answer (1)

Team Legistify

  • Sector-1, Noida

According to the right of pre-emption, the first offer of sale of property has to be made to the co-owners of the said property. However, in your case, since you have stated that the other legal heirs will not object and there has been a partition, your sister may sell her property to a third person without an offer of sale to them.

Answered on 28 Sep 2018

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