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    Essentials Requirements To Demand Pre-Emption

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    Muhammad Furquan
    Under Punjab pre-emption law, there are three essential requirements to demand pre-emption: [1] Talab-i-Muwathbat (immediate demand with two witnesses upon learning of the sale), [2] Talab-i-Ishhad (establishing evidence of the demand within 14 days through written or oral notice), and [3] Talab-i-Khusumat (filing a lawsuit within 120 days in the competent court). The right of pre-emption is a personal right that can only be exercised by demanding it in the specified manner; otherwise, the right will be lost.

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    Essentials Requirements To Demand Pre-Emption

    Uploaded by

    Muhammad Furquan
    2K views2 pages
    Under Punjab pre-emption law, there are three essential requirements to demand pre-emption: [1] Talab-i-Muwathbat (immediate demand with two witnesses upon learning of the sale), [2] Talab-i-Ishhad (establishing evidence of the demand within 14 days through written or oral notice), and [3] Talab-i-Khusumat (filing a lawsuit within 120 days in the competent court). The right of pre-emption is a personal right that can only be exercised by demanding it in the specified manner; otherwise, the right will be lost.

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    pre emption act it is....

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    Essentials Requirements to Demand Pre-emption

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    Under Punjab pre-emption law, there are three essential requirements to demand pre-emption: [1] Talab-i-Muwathbat (immediate demand with two witnesses upon learning of the sale), [2] Talab-i-Ishhad (establishing evidence of the demand within 14 days through written or oral notice), and [3] Talab-i-Khusumat (filing a lawsuit within 120 days in the competent court). The right of pre-emption is a personal right that can only be exercised by demanding it in the specified manner; otherwise, the right will be lost.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    2K views2 pages

    Essentials Requirements To Demand Pre-Emption

    Uploaded by

    Muhammad Furquan
    Under Punjab pre-emption law, there are three essential requirements to demand pre-emption: [1] Talab-i-Muwathbat (immediate demand with two witnesses upon learning of the sale), [2] Talab-i-Ishhad (establishing evidence of the demand within 14 days through written or oral notice), and [3] Talab-i-Khusumat (filing a lawsuit within 120 days in the competent court). The right of pre-emption is a personal right that can only be exercised by demanding it in the specified manner; otherwise, the right will be lost.

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    © All Rights Reserved
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    of 2

    ESSENTIALS REQUIREMENTS TO DEMAND PRE-

    EMPTION
    1-INTRODUCTION:

    Under Punjab pre- emption act right of pre- emption can be acquired by
    demand from person who has right of pre- emption. if there is no demand by
    the person having this right of pre- emption is lost.

    2-RELEVANT PROVISIONS:

    Section 13 Punjab pre- emption act.

    3-DEMAND OF PRE- EMPTION:

    There are certain requirements or conditions which are to be performed by


    the pre- emption to enable him to claim the right of pre- emption. No person
    is entitled to claim unless such person makes demands of pre- emption.

    4. ESSENTIALS REQUIREMENT TO DEMAND A RIGHT OF PRE-


    EMPTION:

    Sec. 13 clearly says that right of pre- emption is extinguished if no demand


    is made namely.

    1) Talab-i-Muwathbat.
    2) Talab-i-Ishhad.
    3) Talab-i-Khusumat.
    1) TALAB-I-MUWATHBAT:
    Talab-i-Muwathbat means immediate demand by a pre- emptor, in
    sitting or meeting (Majlis) in which he has come to know of the sale,
    declaring his intention to exercise a right of pre- emption.
    a) NUMBER OF WITNESSES:
    There must be two witnesses for Talab-i-Muwathbat.
    b) CONDITIONS:
    i. Talab-i-Muwathbat must be made on the completion of
    sale.
    ii. Talb-i-Muwatbat must be made on knowing of sale.
    iii. It should be made in the meeting in which sale is known.
    2) TALAB-I-ISHAD:
    Talab-i-Ishad means demand by establishing evidence. it is second
    demand.
    CASE LAW: 1993 CLC 105
    It was held that pre- emptor after making Talb-i- Muwathbat is obliged
    in perform second demand known as Talib-i- Ishad, as soon therefore
    as possible.

    a) PROCEDURE:
    It should be made within 14 days of Talb-i-Muwathbat. It may be
    made to purchaser by giving a notice.
    b) FORM OF NOTICE:
    Notice must be in writing or oral.
    3) TALAB-I-KHUSUMAT:
    Talab-i-Khusumat means demand by filing a suit. it is third demand
    which consists of the institution of the suit of pre- emption.
    a) CONDITIONS:
    i. Suit must be filed in the competent court.
    ii. It should be made within 120 days of Talb-i-Muwthibat.

    5-PERSONS WHO CAN MAKE DEMAND:

    Following are the persons who can make demand.

    1) Pre- emptor; or
    2) His agent; or
    3) His guardian.

    6-CONCLUSION:

    To conclude I can say that tight of pre- emption is a personal right, it can be
    acquired only if requirement of Sec. 13 are fulfilled. This right can also be
    lost if no demand in made by the pre- emptor. The right of pre- emption is
    recognized in favour of person having interest connected with the property
    subject to sale. It is a week type of right.

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