shufa

Shufa gives the owner of immovable property the right to acquire other immovable property that is sold, in place of the buyer and on the same terms. Hanafi law recognises three classes of pre-emptors, in order: shafi-i-sharik (co-sharer in the property), shafi-i-khalit (participator in appendages, such as a right of way or water), and shafi-i-jar (owner of adjoining property).

The right arises only on a completed sale, and requires three demands: the immediate demand (talab-i-mowasibat), the demand with witnesses (talab-i-ishhad), and a suit (talab-i-tamlik). In India pre-emption also exists by custom and statute. In Bhau Ram the Supreme Court struck down statutory pre-emption based on vicinage alone as an unreasonable restriction on property rights, while co-sharer pre-emption survives.

Example

The co-sharer, being a shafi-i-sharik, could claim shufa over the share sold to a stranger by making the required demands.

In Indian law

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

See also

pre-emption · immovable property · sharia

Read more in the study notes

• Pre-emption (shufa) (Family Law II - Mohammedan Law)