AI Overview...
Section 22 Preemption Right Ends after Partition
- Pre-emption Rights Under Various Acts:
- Several sources discuss pre-emption rights, notably under the Punjab Pre-emption Act, 1914, the Partition Act, 1893, and the Civil Procedure Code.
- Punjab Pre-emption Act, 1914: Section 15(1)(b) grants co-sharers or tenants the right to preempt the sale of agricultural land, which can be exercised until the sale is completed. The right terminates once the sale is finalized (02300079025, 02500104670).
- Partition Act, 1893: Section 4 provides a right of preemption to members of a family regarding the partition of property, which ends once the partition is effected and the rights are settled (02500101837).
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Effect of Partition on Pre-emption: Multiple cases clarify that the right of pre-emption under the Partition Act ceases after the partition is finalized. Once the property is partitioned, the pre-emption rights of co-sharers or family members are extinguished, and no further pre-emption claims can be made regarding the partitioned shares (00900037692, 02500101837).
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Legal Proceedings and Court Jurisdiction:
- Courts have held that pre-emption rights are subject to the specific provisions of the relevant acts and that these rights are extinguished upon the completion of the partition or sale (02300079025, 00900037692).
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The courts emphasize that pre-emption rights are procedural and contractual, ending once the transfer or partition is legally finalized (02500101837).
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Implications for Parties:
- After partition, the right of pre-emption cannot be invoked for the same property or shares, as the legal relationship and ownership structure have changed.
- The law aims to provide a clear conclusion to pre-emption claims once the property rights are settled through partition, preventing perpetual claims or disputes (02500101837).
Analysis and Conclusion
The main insight is that pre-emption rights under laws like the Partition Act, 1893, and the Punjab Pre-emption Act, 1914, are inherently linked to the status of ownership and transfer. These rights cease to exist after the property is partitioned or the sale is completed, ensuring finality in property rights and preventing indefinite pre-emption claims. Courts consistently uphold that once partition is effected and rights are settled, pre-emption rights are extinguished, confirming the legal principle that pre-emption rights end after partition (02300079025, 00900037692, 02500101837).
Search Results for "Section 22 Preemption Right Ends after Partition"
2021 0 Supreme(P&H) 626 • India - Punjab and Haryana
MAHABIR SINGH SINDHU
PRE-EMPTION - RIGHT OF CO-SHARER - SECTION 15(1)(B) CLAUSE 'FOURTHLY' OF THE PUNJAB PRE-EMPTION ACT, 1913 - SALE OF SHARE OUT ... Appellants are in second appeal under section 41 of The Punjab Courts Act, 1918. ... passed by both the courts below are perfectly legal, valid and justified while decreeing the suit of the plaintiff/respondent for preemption ... Perusal of Section 19 extracted hereinabove clearly reveals that, when any person proposes to sell any agricultural land or village immovable prope....
• India - Calcutta
ASHIS KUMAR CHAKRABORTY
ABATEMENT OF APPEAL - SECOND APPEAL - PARTITION SUIT - PREEMPTION - SCOPE OF RULE 10A ORDER 22 OF THE CODE OF CIVIL PROCEDURE, ... OF ABATEMENT OF APPEAL AS AGAINST ONE OF THE DECEASED RESPONDENTS - APPLICABILITY OF SECTION 4 OF THE PARTITION ACT, 1893 - FINALITY ... The trial court rejected the appellant's claim for partition and allowed the prayer of the defendant respondent no. 1 for preemption ... In the instant case, the judgment of the learned first appellate Co....
2005 0 Supreme(All) 2602 • India - Allahabad
D.P.SINGH
4 of the Partition Act, which gives the right of preemption to the members of a family to buy out a stranger transferee from one ... Partition Act - Disputed Dwelling House - Section 4 of the Partition Act - Summary: The court discussed the application of Section ... 4 of the Partition Act. ... The section gives a right in the nature of preemption whose object is to preserve the corporate property....
2016 6 Supreme 739 • India - Supreme Court
KURIAN JOSEPH, ROHINTON FALI NARIMAN
mortgage – Agreement was enforceable thereafter – Article 2177 of the Portuguese Civil Code, 1867 and Section ... nbsp;By common judgment dated 31.12.2001, the Trial Court disposed of both suits upholding the right ... of preemption, even if they had the said right under law? ... They also did not exercise their right of preemption available under the Portuguese Law. ... Thus, there is no question of right of preemption available to Defendants 7 ....
1975 0 Supreme(Bom) 93 • India - Bombay
MASODKAR
Whether the provisions of Section 8 of the Act prohibit partitions effected by other modes, such as partitions effected through Court ... The Court observed that the provisions of Section 8 of the Act, which prohibit transfers and partitions of land in excess of the ... The provisions of Section 8 of the Act, which prohibit transfers and partitions of land in excess of the ceiling area, are limited ... The result of such permissible partition as note....
2019 0 Supreme(All) 2338 • India - Allahabad
VED PRAKASH VAISH
4 of the Partition Act, 1893. ... Specific Performance - Contract for Sale of Property - Specific Relief Act, 1963 - Sections 16(c), 20, 21, 22, 23 - [READY AND ... the plaintiff's readiness and willingness to perform the contract, the defendants' denial of the same, and the applicability of section ... Section 4 of the Partition Act, 1893 reads as under: "4. Partition suit by transferee of share in dwelling.-- house. ... Learned Senior Counsel for the appellants also....
2014 0 Supreme(P&H) 269 • India - Punjab and Haryana
HEMANT GUPTA
Such sale deeds were made subject matter of suit for pre-emption by the plaintiffs, who alleged themselves to be tenants, therefore, in terms of section 15 of the Punjab Pre-emption Act, 1914, the plaintiffs claimed right to pre-empt the sale. ... Ex.D3 jamabandi for the year 1981, Ex.D7 mutation which was sanctioned in strength of decree dated 23.02.1970 and moreover, Ex.D1 which is written statement filed by the plaintiff in partition proceedings clearly shows that decree in question was acted upon as plaintiff herself admitted in para ....
2001 0 Supreme(AP) 1559 • India - Andhra Pradesh
BILAL NAZKI, L.NARASIMHA REDDY
S against defendants for partition as well as mandatory injunction - It was his plea that his mother owned and possessed three items ... of preemption – Held, Counsel for appellant as well as respondents have cited various decisions in support of their contentions ... Indian Evidence Act - Sections 45, 47, 67 and 68 - Indian Succession Act - Sections59 and 63 - Possessed ... According to him, the Will dated 29-3-1989 contained a clause whereunder in case any one of the legatees intends to sell their share in the plot in Banjara Hills, the....
2011 0 Supreme(Cal) 1238 • India - Calcutta
DIPANKAR DATTA
Petitioner, a co-sharer of un-partitioned land adjoining the land transferred, filed an application for pre-emption under Section ... Whether the application for pre-emption under Section 8 of the Act by a co-sharer of un-partitioned land adjoining the land transferred ... A co-sharer of an adjoining land is entitled to seek pre-emption under the amended provisions of Sections 8 and 2(6) of the Act, ... Section 151 of the Code saves the inherent power of the civil Courts to make such orders as may be necessary for the #....
2016 0 Supreme(Bom) 1116 • India - Bombay
S.C.GUPTE
Extension of Time - Court's Power to Grant Extension of Time for Payment - Order 20 Rule 11, Section 148, Section 151 of the Code ... The court analyzed the provisions of Order 20 Rule 11, Section 148, and Section 151 of the Code of Civil Procedure and discussed ... Finding of the Court: The Court held that the provisions of Order 20 Rule 11, Section 148, and Section 151 of the Code ... In Johri Singh, the decree was for enforcement of the plaintiff's right of #HL_S....
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