When the right of pre-emption doesn’t arise?

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:

1. Mulla’s Principles Of MAHOMEDAN LAW (19^th Edition)

Written By: M. Hidayatullah & Arshad Hidayatullah (India).

2. Text Book Of MOHAMMEDAN LAW (23^rd Edition)

Written By: Aqil Ahamad (India).

3. MUSLIM LAW (17^th Edition-2014)

Written By: Syed Khalid Rashid.

Revised By: Prof. V. P. Bharatiya (India).

4. Text Book On ISLAMIC LAW

[Including Statutory Family Laws]

Reprint: May 2009(1^st Edition)

Written By: Dr. Muhammad Faiz-Ud-Din (Bangladesh).