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Author Topic: Is it a legal requirement to give 1st preference to neighbors while selling land  (Read 675 times)

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Offline debby

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We're in a fix and we desperately need money. We have some land in the back of our house, and we're planning to sell it off. There's this neighbor who wants to buy the land, but we don't want to sell to him. Now he's saying it's a legal requirement to give 1st preference to your neighbor. If your neighbor wants to buy the land, you MUST sell it to him, or not sell it at all.

This sounds absurd to me. I live in a free country and I should be able to sell my land to whoever I want- as long as the purchaser is also a citizen of my country.

Please let me know if my neighbor is correct and if we must sell the land to him or not sell it at all.


Offline advcaroltripathi

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You said you want money desperately, whether it comes from neighbour or someone else isn't it the same.

the price you are asking for the land increase it a little more and offer your neighbour, that you will sell it to him only if all payments are made in advance. no part payments will do.
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Offline debby

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It's not the same, really. We'd not like to go into business with someone who's making "legal" threats to us. If at all possible, we'd sell it to someone who is nice and behaves well, even if this means selling at a slightly lower value.
Just because we're poor, doesn't mean we don't have self-respect.

The previous answer doesn't solve my problem, instead it just reveals someone's personal point of view.

If someone (in legal profession) is reading this, I'd like a precise legal advice- is it my legal obligation to sell my land to my neighbor? Am I "required by Indian law" to sell my property/land to my neighbor, even if I want to sell the same to someone else?


Offline advjaibansal

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Dear Sir,

If neighbour is offering the same price then sell the property to him. He can enforce his right and challenge the sale if he is offering the same market price and claim that preference be given to him.

Jai Bansal, Advocate
Supreme Court of India, Delhi
jai bansal
Advocate, New Delhi
Supreme Court of India
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