Dear readers, this week your legal advisor is Ishrat Hasan, Advocate, the Supreme Court of Bangladesh. She is the Managing Partner of the renowned law firm, 'The Law Consultant' which professionally deals with corporate law, commercial law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations. She can be reached at [email protected]
We live in a joint family. My grandfather died 2 years ago. I have 3 paternal uncles and 2 aunts. After my grandfather's demise, the entire property was divided among his issues in accordance with Islamic shariah law following an amicable partition. Last week a constructor came to the land adjacent to my father's plot. When my father asked him why he came here he replied that the plot had been sold to him by one of my uncles a month ago. My father did not believe him and called my uncle about the alleged sale. My uncle affirmed the sale. When my father told my uncle that he would need the plot more than the contractor my uncle replied that if he had sold the plot to my father he would not have got the best price. My father replied that he was ready to give the required price if he was asked to. But uncles says,-I have nothing to do now'. Now finding no other way we offered the constructor to sell the plot to us but he refused. I heard that there is a way prescribed in law. Please give me your valuable advice.
Thank you for the query.
Yes, there is a way prescribed in law. This is called 'preemption rights'. When a portion or share of the holding of an owner is sold to a person who is not a co-sharer in that holding, one or more co-sharer of that holding may apply to the court for the said portion or share to be sold to himself or themselves.
The basic spirit behind preemption law is to prevent a stranger cause disturbance and make life hard for the co-sharers. Therefore co-sharers are given the priority to buy that land at the first hand rejecting of which may lead to selling that land to a stranger. But once a co-sharer stands between the seller-co-sharer and the stranger-buyer the court will consider that co-sharer's claim first. So far I read your problem here in this holding your father is the co-sharer by inheritance.
Your father can apply through Section 96 of the State Acquisition and Tenancy Act.1950 before court within 2 months from the date of sale or from the date of the knowledge praying that plot to be sold to himself where the court will ask your father to deposit the consideration money of that sale, compensation at the rate of twenty five per centum of such consideration money and an amount calculated at the rate of eight per centum simple annual interest of that consideration money for a period from the date of the execution of the sale to the date of filing of the application for preemption.
As your father is the co-sharer by inheritance and as you are within the limitation period (within two months from the date of the knowledge) there is a better possibility that you father can preempt that land to his favour. In this regard, you may consult with a local lawyer from your District Bar and proceed further. I hope the above opinion meets your query.