Gobind Dayal v Inayatullah (1885)

Muslim Law (Family Law II) · Wakf & Pre-emption

Facts.

A dispute over whether a person connected to sold property could compel the buyer to transfer it to him at the sale price.

Issue.

What is the nature and juristic basis of the right of pre-emption (shufa)?

Held.

Justice Mahmood defined pre-emption as the right to acquire, by purchase and in preference to the buyer, immovable property sold to another — a right attached to the pre-emptor’s own property.

Why it matters.

It is the leading Indian statement of what pre-emption is and who may claim it.

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