View Full Version : What kinds of property are exempted from the right of pre- Emption.

09-11-2012, 11:45 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. Relevant provisions:
Sec. 23 Punjab pre- emption act.
3. Definition:
According to Sec. 2 (3) 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."
4. 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.
5. Property exempted from right of pre- emption:
According to Sec. 23 no right pre- emption shall exist in respect of sale of.
1. (a) A waqf property or property used for charitable religious or public purpose and.
(b) Property owned by the federal or a provincial government, or a local authority and.
2. (a) Property acquired by the federal or a provincial government or a local authority in pursuance of any law shall not be pre- empitable.
(b) Waqf property used for chartable, religious or public purpose.
6. Conclusion:
To conclude I can say that under Punjab- pre- emption act there are some sale of properties which are exempted from the right of pre- emption.