FAMILY LAW-II(MOHAMMEDAN LAW)

Pre-emption
PRE-EMPTION(SHUFA)-MEANING & OBJECT
 The object of Pre-emption is to prevent the
introduction of a stranger among co-sharers.
 The right of pre-emption or shufa is a right to
acquire by compulsory purchase of immovable
property in presence to other persons.
 It is founded on the supposed necessities of a
Muslim family arising out of division of ancestral
property.
PRE-EMPTION(SHUFA) IS A
RIGHT
 Pre-emption is the right which the owner of
an immovable property possesses to acquire
another immovable property for the price for
which it has been sold to another person.

 Pre-emption is a right which the owner of a

certain immovable property possesses to
obtain property possession of certain other
immovable property not his own.
PRE-EMPTION(SHUFA) AS
SUBSTITUTION
 The right is obtained in substitution for the
buyer who has already purchased that other
immovable property.

 The right of proprietary possession is

obtained on the same terms on which that
other immovable property is sold to the
purchasers.
PRE-EMPTION(SHUFA) GIVEN BY
LAW

 The right is given by law for the enjoyment

of the property.

 The right of pre-emption arises only in case

of sale and only when such sale is complete.

 It is a right of re-purchase or a right of

substitution.
ESSENTIAL ELEMENTS OF PRE-
EMPTION

 Party competent to pre-empt.

 Subject of pre-emption is immovable

property.

 Formalities
NATURE OF PRE-EMPTION

 It arises in case of sale.

 It arises when the sale is complete.

 A kind of preferential right.

 It is a right of re-purchase.
CASE ON PRE-EMPTION
 Munnilal vs.Bishwanath Prasad
 AIR 1968 S.C.450
 It was held by the supreme court that under
the Mohammedan Law of Pre-emption, there
must be full ownership in the land pre-
empted and therefore the right to pre-
emption does not arise on the sale of lease
hold interest in the land. The pre-emptor
also must have the full ownership in order to
maintain a suit for pre-emption.