Agreement for Right to Pre-emption skuarpe8899

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Did You Know

  • 1. The object of securing a pre-emptive right is to prevent the introduction of strangers as co-sharers.It is on the assumption that the introduction of stranger will cause inconvenience to the pre-emptive co-sharer.

  • 2. This right can be enforced only in the cases where owner wants to sell the property and not when giving on mortgage or on lease.

  • 3. This right can be enforced only at the time when a registered sale deed is made with respect to such property (over which pre-emptive rights exist). Any case prior to that will be a premature suit.

  • 4. It can only be exercise only with respect to immoveable properties.

  • 5. It is a personal right and therefore cannot be transferred to the third party.

  • 6. It is a right under Muslim law; however it has got statutory recognition under certain state laws.

  • 7. In certain states viz. Bihar it is enforceable as a matter of custom.

  • 8. It can also be created by contract.