16/09/2021

Right of pre-emption

 

Right of pre-emption-

·      Only for Muslims but for all irrespective of religion.

·      It means selling property to the neighbor.

·      Weak right.

 

Purpose-

1. To prevent from stranger.

According to Islamic Law- It is not a right to re-purchase but a right of substitution.

 

Definition-

§  According to Mulla- the right shufa or of pre-emption is a right which the owner of an immovable property posses to acquire by purchase and another immovable property which has been sold to another person.

 

Case- Gobind Dayal V. Inayatullah 1885 Allahabad




 

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