Registration Act, 1908, Section 17 -- Right of pre-emption based on u, registered agreement - Pre-emption right being a partial restraint over right of owner restricting its transfer and alienation, though not creates any immediate right, title or interest over property when property is put in sale - Restraint on transfer and right of transfer are two sides of same coin..........
Transfer of Property Act, 1882, Section 40 -- Right of pre-emption - Action u/s 40 of the Act cannot be maintained against a transferee for consideration without notice of existing pre-emption right...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Sale of property, of which ownership derived, by partition and memorandum of partition - Partition and memorandum of partition not denied - Claim of right of pre-emption or repurchase - Sale of property of which ownership derived by partition and memorandum of partition are legal rights..........
Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell - By itself does not create any interest in or charge on immovable property - Proprietary title does not pass on execution of agreement to sell - Until sale is complete no right to enforce pre-emption arises...........
Hindu Succession Act, 1956, Section 22(1) -- Preferential right of a co-heir to purchase the property of other co-heir - This right is akin to the right of pre-emption - Expression 'one of such heirs proposed to transfer his or her interest' also include the final transfer of such interest by way of sale, gift or any other mode - Right of pre-emption is not obliterated..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for pre-emption - Doctrine of lis pendens applies to a suit for pre-emption - Doctrine of lis pendens does not allow the litigating parties pending the litigation to transfer their rights in the property in dispute so as to defeat or prejudice the right of the pre-emptor...........
Transfer of Property Act, 1882, Section 52, Punjab Pre-emption Act, 1913, Section 15 -- Doctrine of lis-pendens applies to suit for pre-emption - Doctrine does not allow the litigating parties, pending litigation, to transfer their rights in the property in dispute so as to defeat or prejudice the right of pre-emptor...........
Transfer of Property Act, 1882, Section 52, Punjab Pre-emption Act, 1913, Section 15 -- Any transaction or transfer by way of sale, collusive decree etc. taking place during the pendancy of the suit of the pre-emptor to pre-empt the sale - Doctrine of lis-pendens apply - Right of pre-emptor being superior right, cannot not be defeated or pre-judiced - Suit of pre-emptor..........
Limitation Act, 1963, Article 97 -- Condonation of delay in filing preemption suit - Not permissible - Limitation for pre-emption suit - One year computed from the time when instrument of sale registered - Not from the date on which pre-emptor plaintiff came to know of registration of instrument - Sale-deed registered at Delhi under Section 30(2) Registration Act although..........
Transfer of Property Act, 1882, Section 3 - - Deals with notice of previous sale to subsequent vendee - Enacted for benefit of subsequent vendee who happens to acquire property without knowledge of previous transaction - No connection with period of limitation regarding pre-emption suits - Limitation Act, Article 97...........
