pre-emption

Pre-emption gives a co-sharer, an owner of adjoining land or a person with a right of way the right to step into the shoes of a purchaser of immovable property, on the same terms. In India it exists under Muslim personal law (shufa), under custom, and under some State statutes. It is a weak right, defeated by any legitimate means and requiring strict compliance with formalities.

The Supreme Court struck down pre-emption based merely on vicinage (neighbourhood) as an unreasonable restriction on the right to property, while upholding it in favour of co-sharers. After the right to property moved to Article 300A, the question is now one of reasonableness of the statute.

Example

Under Muslim law, a co-sharer claiming pre-emption must make the formal demands immediately on learning of the sale.

In Indian law

• Bhau Ram v. B. Baijnath Singh, 1962 INSC 89: pre-emption on the ground of vicinage unconstitutional

See also

shufa · transfer of property · partition

Read more in the study notes

• Pre-emption (shufa) (Family Law II - Mohammedan Law)
• Judgment and decree: definitions, kinds, and Order XX (Civil Procedure Code and Limitation Act)
• Limitation Act, 1963: salient features, bar of limitation, condonation of delay and legal disability (Civil Procedure Code and Limitation Act)
• Computation of limitation: exclusion of time, fraud, acknowledgment, part-payment and continuing wrongs (Civil Procedure Code and Limitation Act)
• Transfer and transmission of shares, judicial intervention and rights of shareholders (Company Law)
• Legal words and their usage: Kidnap to Witness (English)