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adv. rajeev ( rajoo ) (practicing advocate)     05 July 2016

Partition act

KCCR 2015 PAGE NO: 1612

PARTITION ACT- Right of pre emption : A right to purchase property before or in preference to another person is defined as " Pre-emption".  It is otherwise known as the right of first refusal.  The law of pre-emption was introduced in INdia by Muhammadan Rulers.  Muhammadan Law gives the name of Shufaa for the right of pre-emp0tion and defines it, as power of possessing the immovable property, which has been sold by paying the sum equal to that paid by the purchaser.  Under Muhammadan Law, the right of pre-emption  is in the nature of an easement.  Muhammadan Law makes it necessary for a person claiming the right of pre-emption to declare his intention of becoming a purchaser, immediately on hearing of the sale.  The pre-emptor is required, with the least practicable delay, to make affirmationa t least by two witnesses, of his intention, either in the presence of seller or of the purchaser or on the premises and the same is known as Talab-i-ishhad. The pre-emptor should declare his readiness and willingness to pay the price of the property.



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