MOHAMMEDAN LAW- A RIGHT OF PRE-EMPTION

A right of pre-emption under the Mohammedan law is a right of substitution and not a right of “repurchase”, entitling the pre-emptor by reason of right of incident to which the sale was subject to stand in the shoes of the vendee in respect of all the rights and obligations arising from the sale under which he has derived derived his title. It does not, therefore take effect with regard to property which devolved by the right of inheritance, or which has been received in gift without ay consideration. Nor does it arise in respect of property failed to another or given in lieu of services rendered or by way of a reward or as a dower to a wife. A person who intends to advance a claimed based on the right of pre­emption in respect of property, which has been sold, to another, must immediately on receiving information of the sale express in explicit terms of his intention to claim the land. In making the demand there must be node lay on the part of the pre-emptor. The other condition is the pre-emptor should, with title delay as is possible, repeat before witnesses his demand. Failure to perform the demands in accordance with the requirements of the law would defeat the claim.

Md. Munsur Ali Vs. Md. Kamrul Islam & Ors. 11 BLT(HCD)-70

 

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