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View Full Version : What are the essentials requirements to demand a right of Pre- emption.



vustudents
09-11-2012, 11:35 PM
1. Introduction:
Under Punjab pre- emption act right of pre- emption can be acquired by demand from person who has right of pre- emption. if there is no demend by the person having this right of pre- emption is lost.
2. Relevant provisions:
Sec. 13 Punjab pre- emption act.
3. Demand of pre- emption:
Thare are certain requirement or conditins which are to be performed by the pre- emption to enable him to claim the right of pre- emption. no person is entitled to claim unless such person makes demands of pre- emption.
4. Essentials requirement to demand a right of pre- emption:
Sec. 13 clearly says that right of pre- emption is extinguished if no demand is made namely.
(i) Talab-i-Muwathbat.
(ii) Talab-i-Ishhad.
(iii) Talab-i-Khusumat.
I. Talab-I-Muwathbat:
Talab-i-Muwathbat means immediate demand by a pre- emptior, in sitting or meeting (Majlis) in which he has come to know of the sale, declaring his intention to exercise a right of pre- emption.
(a) Number of witnesses:
There must be two withnesses for Talab-i-Muwathbat.
(b) Conditions:
(i) Talab-i-Muwathbat must be made on the completion of sale.
(ii) Talb-i-Muwatbat must be made on knowing of sale.
(iii) It should be made in the meeting in which slae is known.
II. Talab-I-Ishad:
Talab-i-Ishad means demand by establishing evidence. it is second demand.
1993 CLC 105
It was held that pre- emptor after amking Talb-i- Muwathbat is obliged in perform second demand known as Talib-i- Ishad, as soon therefore as possible.
(i) Procedure:
It should be made within 14 days of Talb-i-Muwathbat.it may be made to purchaser by giving a notice.
(a) Form of notice:
Notice must be in writing or oral.
III. Talab-I-Khusumat:
Talab-i-Khusumat means demand by filing a suit. it is third demand which consists of the institution of the suit of pre- emption.
(i) Conditions:
(i) Suit must be filed in the competent court.
(ii) It should be made within 120 days of Talb-i-Muwthibat.
5. Persons who can make demand:
Following are the persons who can make demand.
(i) Pre- emptor or.
(ii) His agent or.
(iii)His guardian.
6. Conclusion:
To conclude I can say that tight of pre- emption is a personal right, it can been acquired only if requirement of Sec. 13 are fulfilled. this right can also be lost if no demand in made by the pre- emptior. the right of pre- emption is recognized in favour of person having interest connected with the property subject to sale. it is a week type of right.