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Preamption

(Querist) 05 August 2010 This query is : Resolved 
Hello All,


I have a typical problem. There is a muslim property X which was mortgaged in the bank, The loan was sanctioned to A who is son and B is the father who is the owner of the property and he stood as gurantee for the loan. In due couse B died.

Due to non payment the loan acoount has become Non-Performing Account. Bank has served physical possession notice to the borrowers A and legal heirs of B. (B expired leaving behing 5 daughters and 4 sons and a widow).

Up on the request of A, who is elder brother and all the family memeber of B Myself and my business partner purchased a part of the property X to discharge the debt, we both are hindus. and similarly all the heirs executed a sale deed except two daughters.

Now a suit is instituted against us by two daughters first for partition and filed petition for repurchase under the doctrine of Premption which is said to be a customary law in islam. but we are not governed by the Muslim personal law as we are hindus.

Let me know your thoughts on this case and it will be great if any of you can post some citations against the claim of preamptor.


Regards,

Jeevan
s.subramanian (Expert) 05 August 2010
law of preemption is recognised in muslim law. even though you are hindus, the sale by the muslim brothers is governed by muslim law of pre emption.


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