UNIVERSITY OF SWABI
ASSIG
NMEN
Name : Muhammad umair
Roll no: twenty nine (29)
SEMESTER: 6th
assignment: property act
DEPARTMENT: law
SUBMITTED TO: sir adnan nisar
DATE: 30/may/2020
REMARKS
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Tajbar, Palwasha and Shahbaz are co-owners of property "X" (a 30 marlas land).
All have equal shares. Palwasha and Tajbar want to sell their share on Bakhtawar.
Location of the property is below,
At east Gulsher and Shamshad are owners of properties adjacent to
property "X", on west there is a public thoroughfare, on north there is
a water channel flowing toward Shakir's land and at south there is a
government school.
Shahbaz knew the sale transaction and tells Gulsher about it but they
did not make any of the talabs. Two days later on 12th October,
Shakir and Shamshad got the news of sale and they both made talab
e muwathibat in presence of many people including Omar and
Gulsher in a hujra.
Shahbaz sent talab e Ishhad on 16th October,
Gulsher sent talab e Ishhad on 20th October,
Shamshad and Shakir seperatly sent Talab e ishhad notices to the
vendor on 23rd October.
They all filed preemption suit against the vendor in the court on 17th
November.
Q.1: What is right of preemption and who’s right of preemption is superior?
PREPARED BY: UMAIR UNIVERSITY OF SWABI 30/MAY/2020
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Ans: Section 2 of kpk preemption Act 1987 is relevant to that question
Right to acquire by purchase an immovable property in preference to
other person by reason of such right.
Priority or Superiority of preemption;
Relevant provision ; Section 7 of KPK preemption Act 1987.
1. The first superiority is given to shafi sharik it means co-owner.
2. The second superiority is given to shafi khalit its means the
participator in the special right attached to immovable property
sold.
3. The third superiority is given to shafi jar its means person who has
the adjacent property to the immovable property sold.
(When there is more than one participator in the special right to the
immovable property sold, the person having special right shall
have precedence over a person having a general right.)
Q.2: What are the "Talabs"? Whose talabs are valid in the above illustration?
PREPARED BY: UMAIR UNIVERSITY OF SWABI 30/MAY/2020
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Ans. The Talabs are demand preemption
Section:13
The right of preemption of a person shall we extinguish unless such person
makes demand of preemption of following order, namely
1)Talb-i-Muwathibat,’’
2)Talb-i-ishhad and
3)Talb-e-Khusmuat.
1)Talb-i-Muawatibat:
Talb-i-muatibat means immediate demand by a pre-emptor in the setting
or meeting in which he has come to know of sale declaring his intention to
exercise the right of preemption.
2)Talbi-i-ishhad:
means demand by eastablishing evidence. In talbi-i-ishhad demand should
make with evidence.
3)Talb-e-khusamat:
means demand by filling a suit.In this suit should be filled.
Shamshad and shakir talabs are valid because they make first talb-i-
muwatibat in the preasence of many peopleat that time . when he got about
sale while shahbas and gulshair can not made talbi muatibat .that’s why
shamshad and shakir talabs are valid.
Q:3 What if Tajbar Palwasha and Shahbaz are co-owers of property acts
and tajbar sales his share on palwasha and shahbaz is the only
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preemptor. Vendor, Vendee and preemptor are co-owners, how will you
decide this case?
Ans: Relevant provision; Section 9 KPK preemption Act 1987.
In this case as the both vendee and preemptors are co-owners, in this
situation we will see the necessity of the person means zar and
zaroorat but in this case it is not specified who is more entitle so we
will distribute the property equal between both of them.
Q.4: What will be the situation if Tajbar gives his property in charity as waqf? Can
right of preemption be exercised in case of waqf? If not then why? Give valid reasons.
Ans: If tajbar give his property to charity as a waqf. The right of preemption
shall not be exercise because in preemption act in section 23 no right of
preemption shall exist in respect of sale or purchase of a waqf property or a
property used for charitable, religious or public purpose ( waqf property
belong to Allah and Allah cannot violate the right of any person.
Q.5: How Talab I ishhad is made?
Ans: Relevant provision; Section 13 of KPK preemption Act 1987.
Talab I ishhad means demand by establishing evidence. The person
who wants to exercise the right preemption will give register notice to
the buyer of the immovable property within two weeks on post office.
Where there is no post office, it is enough to give notice to the buyer
in front of two truthful witness.
In Section 21 it is mentioned that if vendee has made any
improvement in immovable property before Talab Ishad is made by
the preemptor under sub section 3 of section 13 the vendee shall be
entitled to the cost of such improvement. If he did this after Talab
Ishad then he will not be compensated.
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THE END
PREPARED BY: UMAIR UNIVERSITY OF SWABI 30/MAY/2020
