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Allahabad University Studies (Arts Section)

1931

Hence it is contrary to the modern idea of freedom of alienation of property and is a restriction on the idividual rights of ownership.' It is very difficult to trace the origin of the Law of Pre-emption but some sort of pre-emptive law is found to be prevalent almost in every part of the world. [...] Hence the conception of sale under the.Muslim Law is wider than the conception of sale under the Transfer of Property Act Section 54 in fact it includes the definition of exchange as defined in Section 118 of the Transfer of Property Act. [...] There is no right of pre-emption in a sale with 'reservation of an option of repudiation for the vendor " until the option drops but there is a right of pre-emption in a sale under a condition of option to the vendee for in the latter case there is a complete extinction of the vendor's interest. [...] house to this property is sold then the vendor is entitled to pre-empt the house because the vendor's interest in the property sold has not yet ceased; but if the property was sold subject to the option of the vendee then the vendor is not entitled to claim pre-emption and in this case the vendee may rawfully pre-empt the house. [...] R. 92 it was held that in the case Talab-i-'ishhad is made before the seller who was not in possession of the property the demand was not made properly."THE MUSLIM LAW OF PRE-EMPTION 19 in the presence of the vendor provided he is in possession of the property or before the vendee.
education
Published in
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Segment Pages Author Actions
Frontmatter
i-iii unknown view
Section I Law
i-334 unknown view
Section II Philosophy
335-368 unknown view
Section III Sanskrit
369-432 unknown view
Section IV Arabic and Persian
433-468 unknown view
Section V Urdu
469-498 unknown view
Section VI History
499-577 unknown view

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