What are the legal effects of pre-emption?

If a pre-emption has granted by the court of law, following effects take place in case of pre-emption;-

1. When the claim of the pre-emption of complete, the pre-emptor take place in the possession of the buyer.

2. If the sale has been completed and the claim of the pre-emption is enforced, the original buyer becomes the newer seller.

3. The pre-emptor does not liable for any contingent charges incurred by the buyer, such as brokerage or agency.

4. The original buyer is entitled to receive or retain the rents and profits of the land or property during the interval between the date of its sale to himself and transfer to the pre-emptor.

5. During the time of transfer of the property to the pre-emptor, there need not to give any consideration by the pre-emptor, because the consideration for pre-empted property was provided to the court earlier during pre-emption suit made.

Written With The Help Of Refference Book:

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

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

Text Book Of MOHAMMEDAN LAW (23^rd Edition)

Written By: Aqil Ahamad (India).

MUSLIM LAW (17^th 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(1^st Edition)

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