Do co-heirs have purchase rights in undivided inherited property?

Suppose 'A', a Hindu, owned immovable property. His three sons—X, Y, and Z—inherited the property. After the deaths of X, Y, and Z, their respective sons (each having three sons) inherited the property, which has not yet been partitioned. If the heirs of X want to sell their undivided share, do the heirs of Y and Z have a preferential right to purchase that share?

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Advocate By LEAD INDIA Answered: 28 Jun 2025

If the property is inherited but not partitioned, heirs of X can sell their undivided share. However, heirs of Y and Z may have the first right to buy under the doctrine of pre-emption. It’s advisable to partition the property legally before selling any part. For further legal assistance contact us on our helpline number. 
 

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