Farhan Khaliq Anwer Advocate; The Lords International [Magazine of Law & Law Fields]

Haq Shuffa / Right of premption: It is a right, which arises out from the sale of immovable property which belong to areas other than urban and cantonments, i.e., only in village. Like other rights, the right of pre-emption, has to be regarded in a two fold aspects, such as: (1) As a primary or inherent right. (2) As a secondary or remedial right. Primary right: The right to have an offer of an intended sale is inherent to the pre-emptive property and continuously attached with it and passes along-with it to transferees, assignees, legal representatives, and heirs. In other words, it is a right attached to the pre-emptive property and is inseparable from it. This right is capable of transfer by the transfer of the pre-emptive property. Secondary right: It does not vest in the property at the date of sale. Priority right: For the purpose of right of pre-emption claim, the claimant has to show his preferential right to acquire the property, as it is the first important con...