Essential
Requirements
to demand the
right of pre-
emption
Following are the essentials of demand of right of pre-emption. If preemptor
does not make a demand of his right in this case such right will come to an end.
I. Talab-e-Muwathbat: Talab-e- Muwathbat is meant when pre-emptor comes to
know about the sale of property upon which he has a right of pre-emption, he
immediately makes a demand for pre-emption and shows his intention to get
the property
Conditions: Some conditions have been imposed on Shafi for making a demand
for right of pre-emption. Talab is demanded:
1. When shafi comes to know about the sale of property
2. When sale is completed
3. Whenever he knows about facts in any meeting
II. Talab-e-Ishad: Talab-e-Ishad is meant when pre-emptor comes to know about
the sale of property by acquisition an evidence from an authentic source, in this
case as soon as possible he shall send a notice attested by two truthful witnesses
within the two weeks from the date of knowledge and show his intention to get
the property by exercising this right.
Conditions: Some conditions have been imposed on Shafi for making a demand
for right of pre-emption. Talab-e-Ishad:
1. It should be made within two weeks after knowledge
2. It should be made either in writing or oral
3. There should be minimum two witnesses
III. Talab-e-Khusumat: Talab-e-khusumat is meant pre-empotr comes to know
about the sale of property and file a case in the court to demand his right of pre-
emption and show his intention to get the property by exercising this right
Conditions: Some conditions have been imposed on Shafi for making a demand
for right of pre-emption. Talab-e-Khusumat:
1) It should be made within 120 days after Talab-eIshad
2) It should be made before the competent court of law
