MUSLIM LAW: Doctrine of pre-emption was developed as a custom under muslim law from early days. This is to restrain and prevent a stranger coming in between or among co sharers or neighbors which could cause inconvenience. An offer has to be made to near relatives and neighbors first in order to avoid inconvenience. Such principle disscussed and recognised in following decisions. AIR 1996 SC 2146; AIR 2002 SC 2500; AIR 1958 SC 838; AIR 1991 SC 1055; AIR 2001 SC 2611. Under Shia law only co sharers are entitled to right of pre-emption.
Muslim Law or any other personal Law should not over ride the statute. Thus where T.P.Act applies, no right of pre-emption would arise unless the title has passed according to the Act. The demand of exercise of right of pre-emption shold e made after registration of sale deed. AIR 1960 SC 1368; AIR 1961 SC 1747; AIR 1968 SC 450. Right of pre-emption is lost by Estoppel and acquiescence. AIR 1991 SC 1055.
In Mahfooz Ali Khan case: AIR 1980 All 5. Muslim law of pre-emption was applied in certain parts of the country to the owners of the property irrespective of their religious persuasions, which shows that it was not applied as the personal law of muslims but as customary law of that local area.
In case there exists a will or any other kind of disposition of property made by the deceased MUSLIM in his lifetime, it may be limited to one third of his estate, and the remaining two thirds would devolve on the heirs. AIR 2001 SC 3067.
When all the heirs continue to hold the inherited property as tenents in common and one of them wants to recover his share later on, the limitation would not be counted from the death of the deceased but from the date of ouster or denial of title. S.S.Gulam Ghouse case: AIR 1971 SC 2184.
There is no concept of Joint family property, Joint Family Fund or for that matter Joint Family itself under Muslim Law. Therefore, no presumptions could be made in these regards as compared to Hindu Law. AIR 1991 SC 720. But the arrangements of family living to-gether and having common property are either treated as partnership relation or as trust under Trust act.
Adoption is not recognised by muslim law. AIR 1986 J&K 14.
Under Muslim law different shares are allotted to different heirs, woman is also considered as an heir, father, mother, grand parents, children, wife, husband, sisters, brothers are recognised as heirs differently among Shias and Sunnis with definite shares.
Unless it is proved to the contrary, no acquisition of property by one or many members of the family could be presumed to be the property of all as the representation is unknown to muslim law. Mohd. Ibrahim case: AIR 1976 Mad 84.
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Muslim Law or any other personal Law should not over ride the statute. Thus where T.P.Act applies, no right of pre-emption would arise unless the title has passed according to the Act. The demand of exercise of right of pre-emption shold e made after registration of sale deed. AIR 1960 SC 1368; AIR 1961 SC 1747; AIR 1968 SC 450. Right of pre-emption is lost by Estoppel and acquiescence. AIR 1991 SC 1055.
In Mahfooz Ali Khan case: AIR 1980 All 5. Muslim law of pre-emption was applied in certain parts of the country to the owners of the property irrespective of their religious persuasions, which shows that it was not applied as the personal law of muslims but as customary law of that local area.
In case there exists a will or any other kind of disposition of property made by the deceased MUSLIM in his lifetime, it may be limited to one third of his estate, and the remaining two thirds would devolve on the heirs. AIR 2001 SC 3067.
When all the heirs continue to hold the inherited property as tenents in common and one of them wants to recover his share later on, the limitation would not be counted from the death of the deceased but from the date of ouster or denial of title. S.S.Gulam Ghouse case: AIR 1971 SC 2184.
There is no concept of Joint family property, Joint Family Fund or for that matter Joint Family itself under Muslim Law. Therefore, no presumptions could be made in these regards as compared to Hindu Law. AIR 1991 SC 720. But the arrangements of family living to-gether and having common property are either treated as partnership relation or as trust under Trust act.
Adoption is not recognised by muslim law. AIR 1986 J&K 14.
Under Muslim law different shares are allotted to different heirs, woman is also considered as an heir, father, mother, grand parents, children, wife, husband, sisters, brothers are recognised as heirs differently among Shias and Sunnis with definite shares.
Unless it is proved to the contrary, no acquisition of property by one or many members of the family could be presumed to be the property of all as the representation is unknown to muslim law. Mohd. Ibrahim case: AIR 1976 Mad 84.
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