Who can claim pre-emption?

The person who claims pre-emption is known as pre-emptor. A pre-emption may arise from the following categories of persons. Following three persons may be pre-emptor;

1. Co-sharer by Inheritance;

2. Participator in Immunities and Appendages; &

3. Owner of Adjoining Property;

1. Co-sharer by Inheritance: A co-sharer is one who is an owner of an undivided share in the immovable property which was inherited previously from deceased person. In Arabic term this is known as Shafi-i-Sharik. A co-sharer by inheritance is entitled to claim for the right of pre-emption.

2. Participator in Immunities & Appendages: Participator in immunities & appendages means a person who is entitled to have a right of way over the disputed land or property. In Arabic term this is known as Shafi-i-Khalit. A participator in immunities and appendages is entitled to claim for the right of pre-emption.

There are three ways in which a person is entitled to have a right of pre-emption as Shafi-i-Khalit;

i. He may be the owner of a dominant heritage,

ii. He may be the owner of a servants heritage,

iii. The property sold as also the property of the pre-emptor may be dominant heritage in respect of a third person’s property.

3. Owner of Adjoining Property: A person, who is neither co-sharer nor participator in immunities & appendages, is also entitled to have a right of pre-emption by being a owner of adjoining property. An owner of adjoining property may be by the way of purchase nearer to the disputed land or property. In Arabic term this is known as Shafi-i-Jar. An owner of adjoining property is also entitled to claim for the right of pre-emption.

According to Shia Law, “a co-sharer is only entitled to claim for the right of pre-emption. All other person except co-sharer are not entitled to claim for the right of pre-emption”.

According to State Acquisition and Tenancy Act 1950, “a co-sharer is only entitled to claim for the right of pre-emption. All other person except co-sharers is not entitled to claim for the right of pre-emption”.

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).