View Full Version : What are three classes of person who are entitled to claim pre- emption.

09-11-2012, 11:23 PM
Q. What do you understand of right of pre- emption? who are the class of persons entitled to exercise such rights in performance to others. (2006)
1. Introduction:
The rights of pre- emption is a right which the owner of an immoveable property possesses to acquire by purchase another immoveable property which has been sold to another under the Punjab pre- emption act every person has not right of pre- mption. it is available to only those person who are mentioned in this act.
2. Relevant provisions:
Section 6 Punjab Pre- emption act.
3. Persons entitled to claim pre- emption;
Following are three classes of person who are entitled to claim pre- emption.
(i) Shafi Sharik.
(ii) Shafi Khalit.
(iii) Shafi Jar.
I. Shafi Sharik:
Shafi Sharik means a person who is a co- owner in the corpus of the undivided moveable property shafi sharik is pre- emptor by way right of coparcenary.
II. Shafi Khalit:
Shafi Khalit means a participator in a special rights attached to immoveable property sold such as right of passage, right of passage of water or right of irrigation.
(a) Conditions:
Shafi Khalit can claim the right of pre- emption on the fulfillment of the following conditions.
(i) There should be no Shafi Sharik.
(ii) If Shafi Sharik has waived his right.
III. Shafi jar:
Shafi Jar means a person who has a right of pre- emption because of owing an immoveable property adjacent t the immoveable property.
When Shafi Jar can claim right of pre- emption:
Shafi Jar can claim right of pre- emption in the following circumstances.
(i) Where there are no Shafi Sharik Ahafi Khalit.
(ii) If they are present, they waived their right.
4. Demand of pre- Emption:
There are certain requirement or conditions which are to be performed by the pre- emptor to enable him to claim the right of pre- emption. no person is entitled to claim unless such person makes demands of pre- emption.
5. Death of pre- emptor:
In case of death of pre- emptor after he had made any of the demands, right of pre- emption would stand transferred to his heir.
6. Conclusion:
To conclude I can say that under Punjab pre- emption act, Shafi, Shari, Shafi Khalit and Shafi Jar can claim the right of pre- emption. all these three persons are different kinds of pre- emptor.