2: Definitions

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Khyber Pakhtunkhwa Pre-emption Act, 1987: • pre-emptor — a person who has the right of pre- emption • right of pre-emption — a right to acquire by purchase an immovable property in preference to other persons by reasons of such rights; and • sale — permanent transfer of the ownership of an immovable property in exchange for a valuable consideration and includes transfer of an immovable property by way of hiba-bil-iwaz or hiba bi-shart al- iwaz but does not include.— (i) transfer of an immovable property through inheritance or will or gift, other than hiba bil- iwaz or hiba bi-shart al-iwaz; (ii) a sale in execution of a decree for money or of any order of a civil, criminal, revenue or any other court or a Revenue Officer or any local authority; (iii) the creation of any occupancy tenancy by a landlord whether for consideration or otherwise; (iv) exchange of agricultural lands for better management; and (v) transfer of an immovable property for a consideration other than valuable consideration, such as the transfer of an immovable property by way of dower or composition in a murder or hurt case This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

In this Act, unless there is anything repugnant in the subject or context— (a) "immovable property" includes land, building, house, shop, water tank and well; (b) "pre-emptor" means a person who has the right of pre- emption; (c) "right of pre-emption" means a right to acquire by purchase an immovable property in preference to other persons by reasons of such rights; and (d) "sale" means permanent transfer of the ownership of an immovable property in exchange for a valuable consideration and includes transfer of an immovable property by way of hiba-bil-iwaz or hiba bi-shart al- iwaz but does not include.— (i) transfer of an immovable property through inheritance or will or gift, other than hiba bil- iwaz or hiba bi-shart al-iwaz; (ii) a sale in execution of a decree for money or of any order of a civil, criminal, revenue or any other court or a Revenue Officer or any local authority; (iii) the creation of any occupancy tenancy by a landlord whether for consideration or otherwise; (iv) exchange of agricultural lands for better management; and (v) transfer of an immovable property for a consideration other than valuable consideration, such as the transfer of an immovable property by way of dower or composition in a murder or hurt case.

Effective date: 1987-04-28

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