The Punjab Pre-emption Act, 1913

The Punjab Pre-emption Act, 1913

Civil191331 sections

This legislation establishes the right of pre-emption, allowing certain property owners the priority to purchase agricultural land and village or urban immovable property before non-relatives can buy them. It applies to people who are eligible to inherit the property according to local pre-existing customs, particularly selling relatives. The law defines three types of property under its scope: agricultural land, village immovable property, and urban immovable property. It preserves pre-emption rights for specific property types like residential and religious buildings while prohibiting them for commercial properties and certain alienations to government entities. The Act preserves customary law in predominantly rural areas while allowing governments to provide relief from pre-emption burdens when needed. By recognizing community property rights and respecting ancestral succession patterns, the law maintains social stability in villages and towns across the region.

  1. 1. Short title and local extent
  2. 2. Repeal of certain enactments
  3. 3. Definitions
  4. 4. Right of pre-emption : application of
  5. 5. No right of pre-emption in certain cases
  6. 6. Exists in agricultural land and village immovable property
  7. 7. Exists under certain conditions in urban immovable property
  8. 8. State Government may exclude areas from pre-emption
  9. 9. Government may specify, shall exist.
  10. 10. Party to alienation cannot claim pre-emption
  11. 11. Sum deposited by pre-emptor not to be attached
  12. 12. The law determining the right of pre-emption
  13. 13. Joint right of pre-emption how exercised
  14. 14. Limit of exercise of right in respect of land sold by member of an agricultural tribe
  15. 15. Right of pre-emption to vest in tenant
  16. 16. Person in whom right of pre-emption vests in an urban immovable property
  17. 17. Exercise of right of pre-emption where several persons equally entitled
  18. 18. Provisions of sections 15 and 17 applicable to foreclosures mutatis mutandis
  19. 19. Notice to pre-emptors
  20. 20. Notice by pre-emptor to vendor
  21. 21. When the Court is satisfied that the said notice has been duly served on the vendor or mortgagee, the proceedings shall be filed.
  22. 22. Plaintiff may be called on to make deposit or to file security
  23. 23. Special conditions relating to sales of agricultural land
  24. 24. Procedure on determination of the said issues
  25. 25. Fixing of price for purposes of suit in case of sales
  26. 26. Fixing of price for purposes of suit in case of foreclosure
  27. 27. "Market value" how to be determined
  28. 28. Concurrent hearing of suits
  29. 29. Copy of decree to be sent to Deputy Commissioner; application for revision
  30. 30. Limitation
  31. 31. Punjab pre-emption (Amendment) Act, 1960, to apply to all suits

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