Pre Emption - Law Dictionary Search Results
Home Dictionary Name: pre emptionPre-emption, Right of
Pre-emption, Right of, the power of buying a thing before others, as superfluous lands under the (English) Lands Clauses Consolidation Act, 1845, s. 128, which must before sale be offered to the persons from whom they were originally taken, or to the adjoining owners; as to registration of contracts or deeds giving the right of pre-emption as estate contracts, see (English) Land Charges Act, 1925, s. 10. Compare the right of pre-emption which a county council has by virtue of s. 12 (4) of the Small Holdings and Allotments Act, 1908. Also, a privilege formerly allowed to the royal purveyor, but abolished by 12 Car. 2, c. 24. See OPTION TO PURCHASE....
Pre-emption
Pre-emption, the word 'pre-emption' is a well understood is a term of law. It is a right of substitution conferred on someone either by statute, custom or contract. The right is to step into the shoes of the vendee preferentially, on the terms of sale already settled between the vendor and the vendee, Vijaylakshami v. B. Himantharaja Chetty, (1996) 9 SCC 376 (381): (1996) 3 Sim LJ 1969....
In the son or daughter of such a female
In the son or daughter of such a female, even in the absence of the words which were inserted by the Amendment Act of 1964 in s. 15(2)(b) the only possible interpretation and meaning of the words 'in the son or daughter of such female' could have reference to and cover the son or daughter of the husband of the female. The entire scheme of sub-s. (2) of s. 15 is that the right of pre-emption has been confined to the issues of the last male holder from whom the property which has been sold came by inheritance. Looking at clause (a) of sub-s. (2) where the property which has been sold has come to the female from her father or brother by succession the right of pre-emption has been given to her brother or brother's son. If the son or daughter of the female who has sold the property could refer to her son or daughter from a husband other than the one from whom the property devolved on her, it would be contrary to the scheme and purpose of sub-s. (2) which essentially is to vest the right of...
Talab
Talab, the principle of talab in Muhammadan Law has three specific facets: the first being talab-e-muwathaba: Talab in common parlance means and implies a demand and talab-e-muwathaba literally means the demand of jumping. The idea is of a person jumping from his seat, as though startled by news of the sale (See in this context Wilson on Mohammadan Law). In Talab-emuwathaba the pre-emptor must assert his claim immediately on hearing of sale though not before and law stands well settled that any unreasonable delay will be construed as an election not to pre-empt. The second, being popularly known as the Second Demand, isalab-e-ishhad, which literally speaking mean and imply the demand which stands witnessed. The second demand thus must be in reference to the first demand and it is so done in the presence of two witnesses and also in the presence of either the vendor (if he is in possession) or the purchaser and the Third Demand though not strictly a demand but comes within the purview o...
Adjoining owner
Adjoining owner. An adjoining owner has a common law right to the support necessary to sustain his own land in its natural unincumbered state, Brown v. Robins (1859) 4 H. & N. 186; but only obtains a right to support for buildings by grant, express or implied, or by prescription (20 years); see Angus v. Dalton, (1881) 6 App. Cas. 740.By the (English) Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), upon the sale of superfluous lands (s. 127) adjoining owners have a right of pre-emption (s. 128).By the London Building Act, 1930 (21 Geo. 5, c. clviii.), s. 5, the expression 'adjoining owner' means the owner or one of the owners, and 'adjoining occupier' means the occupier or one of the occupiers of land, buildings, storeys or rooms adjoining those of the building owner; see Crosby v. Alhambra Co., (1907) 1 Ch 295. See ACCESS; PARTY-WALLS....
Katra
Katra, The primary meaning of the words 'katra' is enclosure and the secondary meaning is market; see AIR 1946 Lah 432. Generally, a katra would be a business locality though there might be purely residential katras. However, even purely residential katras would consist of a large number of houses to which a large number of people will resort, Bhau Ram v. Baij Nath Singh, AIR 1962 SC 1476 (1484): 1962 Supp (3) SCR 724. [Punjab Pre-emption Act, 1913 (1 of 1913), s. 5]...
Other co-sharers
Other co-sharers, the expression 'other co-sharers' was used in the fourth clause of the said provision to ensure that no co-sharer was left out or omitted and not to deny the right to kinsfolk-co-sharers covered by the preceding clauses, Bhikha Ram v. Ram Sarup, AIR 1992 SC 207 (211): (1992) 1 SCC 319. [Punjab Pre-emption Act (1 of 1913), s. 15(1)(b) Fourthly]...
Royal mines
Royal mines, gold and silver mines; the Crown has a right of pre-emption of any gold or silver found in mines of copper, tin, iron, or lead, by virtue of 1 & 2 W. & M. sess. 1, c. 30, s. 4; 5 & 6 W. & M. c. 6; and 55 Geo. 3, c. 134....
Shoofaa
Shoofaa, pre-emption, or a power of possessing property which has been sold, by paying a sum equal to that paid by thepurchaser, Macn. Mahometan Law....
Son or daughter of such female
Son or daughter of such female, the son or daughter of a male vendor referred to in s. 15(1) only means the legitimate issue of the vendor. The words son or daughter mean only a legitimate son and a legitimate daughter of the female, Gulraj Singh v. Mota Singh, AIR 1965 SC 608 (610). [Punjab pre-emption Act, 1913 (as amended by Act (10 of 1960), s. 15(2)(b)]...
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