Pre-Emption right under Mohammedan Law.....
- The right of pre-emption is customary under Mohammed Law.
- It is a right to acquire by compulsory purchase of property.
- Basic concept is to obviate in convenience or disturbances which would arise by conjunction of stranger.
- Also to preserve the integrity of the village and community, to avoid fragmentation, to reduce chances of litigation is concept of eight of pre emotion.
- Right of pre - emotion arises only in case of sale.
- It's not applicable to leased, gift, waqf, inheritance, bequest property.
- It be claimed by co - sharer in the property sold.
- It be claimed by person who is participating in the immunities and appendages in the property, such as a right of way or discharge of water.
- It be claimed by the adjoining owner of immovable property.
== Relevant Provision =
- Provision of Pre - Emption under Mohammedan Law.
== Relevant Judgement =
- Raghunath v/s Radha Mohan 2021 SAR 26.
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