View Full Version : Define pre- emption. when does this right arise and do whom is this right available?

09-11-2012, 10:55 PM
1. Introduction:
Pre- emption is purchase by one person before an opportunity is offered to others. this right arises only on a complete sale. the rights of pre- emption does not arise out of gift, sadagaha, waqf, inheritance bequest or a lease.
2. Definition:
According to Section 293) Punjab pre- emption act "right of pre- emption means a right to acquire by purchase an immoveable property in preference to other persons by reason of such right."
3. When does right of per- emption arises of accrue:
Right of pre- emption arises only of a sale which is.
(i) Valid.
(ii) Complete.
(iii) Bonafide.
4. Objectives of pre- emption:
(i) Protection of the privacy of a specified area.
(ii) Discourage the stranger to enter in a special area.
(iii) Maintenance of sanctity.
(iv) Preservation of prevailing values and atmosphere.
PLD 1979 LHR 299
It was held the policy of the pre- emption was to keep out strangers and thus maintain the exclusiveness of the estate."
5. Who is pre- emption:
The person who has right of pre- emption is called pre- emptor. he is also called Shafi.
6. Qualification for acquiring right tf pre- emption:
Following may acquire the right of pre- emption.
(i) Male or female.
(ii) Minor
(iii) Major
(iv) Owner of an immovable property.
7. Persons entitled to claim pre- emption:
According to Section 6 of the pre- emption act the following are the persons who are entitled to claim the right of pre- emption.
(i) Shafi Sharik.
(ii) Shafi Khalit
(iii) Shafi Jar.
8. When does right of pre- emption arise:
The right of pre- emption accrues on sale an immovable property.
(i) Definition of sale:
Sale means permanent transfer of the ownership of an immovable property in exchange for valuable consideration and includes transfer of an immovable property by ways of Hiba-Bil-Iwaz or hiba ba Shart-ul-Iaz.
(a) Exceptions:
(i) Transfer of an immovable property through inheritance or will or gift, other than hiba-bil-iwaz or hiba Shart-ul-Iaz.
(ii) A sale in exception of a decree for money or if any order of a civil, criminal, revenue, or any other court or a revenue officer or any local authority.
(iii) Exchange of the agricultural land.
(iv) Transfer of an immovable property for a consideration other than valuable consideration, such as the transfer of an immovable property by way of dower or composition in a murder or hurt cases.
9. On what kinds of property the right of pre- emption can be claimed:
Under the Punjab pre- emption act following are three kinds of property on which the right of pre- emption can be claimed.
(i) Agricultural land.
(ii) Village immoveable property.
(iii) Urban immovable property.
10. Conclusion:
To conclude I can say that the right of pre- wmption is a preferential right of a person already present in the locality. the person who has such right is called Shafi. it can be acquire in connection with agricultural land, or village or urban immovable property. the right of pre- emption arises only in case of complete sale.Persons Entitled To Claim Pre- Emption