What is pre-emption? - Legal Blogge

The word pre-emption derived from two Latin words “prae” means before and “empto” means purchase. The Arabic synonymous of pre-emption is “Shuffaa”. The term pre-emption means a right to purchase before other. Pre-emption is not a process of repurchase, this sentence was brought from the justice Mohmaad.

According to Oxford Dictionary of Law, “The pre-emption is the right of an opportunity of purchasing land in priority to other people”.

According to Mulla, “The right of suffaa or pre-emption is a right which the owner of an immovable property possesses to acquire by purchase another immovable property which had been sold to another person”.

According to Justice Mahmood, “Pre-emption is a right the owner of certain immovable property possesses, as such, for the quiet enjoyment of that immovable property, to obtain, in substitution for the buyer, proprietary possession of certain other immovable property , not his own, on such terms as those on which such latter immovable property is sold to another person”.

According to the Language of Law, “ Pre-emption signifies the becoming of proprietor of lands sold for the price at which the purchaser has brought them, although he be not consenting thereto”.

According to Section 96 of The State Acquisition and Tenancy Act 1950, “If a portion or share of a holding of a raiyat is sold to a person who is not a co-sharer tenant in the holding, one or more co-sharer tenants of the holding may, apply to the court for the said portion or share to be sold to himself or themselves. This right is called right of pre-emption”.

According to Section 24 of The Non-Agricultural Tenancy Act 1949, “If a portion or share of the non-agricultural tenant is transferred, one or more co-sharer tenants of such land may apply to the court for such portion or share to be transferred himself or themselves. This right is called right of pre-emption”.

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).