What are formalities for claiming pre-emption?










The right of pre-emption does not arise out of the following subjects;-
1.      First Demand;
2.      Second Demand;
3.      Third Demand;
1.      First Demand:  On hearing the news of the sale, thepre-emptor must immediately pronounce his intension to claim his right. In the Arabic term the first demand is known as Talab-i-Mowasibat and is literally means demand of jumping. The first demand is also known as immediate demand. The pre-emptor of his first demand may be made by such as, “I do my claim for pre-emption”.
2.      Second Demand: After the completion of first demand, the pre-emptor must follow the second demand. The pre-emptor must with the least practicable delay repeat before two witnesses his demand. This demand is also known as Talab-i-Taqrir, the demand of confirmation. On second demand the pre-emptor must complete the followings;
                                            i.            Refer to his first demand,
                                          ii.            Pronounce second demand before at least two witnesses,
                                        iii.            Pronounce second demand before either vendor or vendee.
3.      Third Demand: If a pre-emptor has completed first and second demand, as soon as he/she has to claim his third demand. Third demand means file a suit in the court of law which is precisely known as legal action. In the Arabic term the third demand is known as Talab-i-tamlik and is literally means legal action through the presiding court. If a pre-emptor has completed first demand and second demand before, but do not complete the third demand within the limited time according to Limitation Act, pre-emption will not make legal any effects according to law. So, the pre-emptor must complete the third demand as soon as possible.


Written With The Help Of Refference Book:

        Mulla’s Principles Of MAHOMEDAN LAW  (19th Edition)
Written By: M. Hidayatullah & Arshad Hidayatullah (India).

           Text  Book Of MOHAMMEDAN LAW  (23rd Edition)
Written By: Aqil Ahamad (India).

      MUSLIM LAW  (17th Edition-2014)
Written By: Syed Khalid Rashid.
Revised By: Prof. V. P. Bharatiya (India).

      Text  Book On ISLAMIC LAW
[Including Statutory Family Laws]
Reprint: May 2009(1st Edition)
Written By: Dr. Muhammad Faiz-Ud-Din (Bangladesh). 

      MUSLIM LAW  (1st Published-March,2012)
2nd Pirnt: August,2013
Written By: Salena Akter;
A.N. M Arifur Rahman;
Md. Jahid Hossain Dolon(All are Bangladeshi).
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