13: Demand of pre-emption

(1) The right of pre-emption of a person shall be extinguished unless such person makes demand of pre-emption in the following order, namely:— (a) talb-i-muwathibat; (b) talb-i-ishhad: and (c) talb-e-khusumat. Explanation . I. "Talbi-muwathibat" means immediate demand by a pre-emptor in the sitting or meeting (Majlis) in which he has come to know of the sale declaring his intention to exercise the right of pre-emption. Note.—Any words indicative of intention to exercise the right of pre-emption are sufficient. II. "Talb-i-ishhad" means demand by establishing evidence. III. "Talb-i-Khusumat" means demand by filing a suit. (2) When the fact of sale comes within the knowledge of a pre- emptor through any source, he shall make talb-i-mawathibat. (3) [Subject to his ability to do so, where] a pre-emptor has made talb-e-muwathibat under sub-section (2), he shall as soon thereafter as possible but not later than two weeks from the date of ribtice under section [32], or knowledge, whichever may be earlier make talb-i-ishhad by sending a notice in writing attested by two truthful witnesses, under registered cover acknowledgement due to the vendee, confessing his intention to exercise the right of pre-emption: Provided that in areas where due to lack of post office facilities it is not possible for the pre-emptor to give registered notice, he may make talbi-ishhad in the presence of two truthful witnesses. (4) Where a pre-emptor has satisfied the requirements of talb-i- muwathibat under sub-section (2) and talb-i-ishhad under sub-section (3), he shall make talb-i-khusumat in the court of competent jurisdiction to enforce his right of pre-emption.

Effective date: 1987-04-28

Related sections