Which of the following correctly describes the right of pre-emption (Shuf'a) under Muslim Law?
The right of pre-emption (shuf'a), where available, allows an eligible claimant to substitute for the buyer of immovable property on the applicable terms of the sale. The…
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Which of the following correctly describes the right of pre-emption (Shuf'a) under Muslim Law?
Answer and explanation
Correct answer B
The right of pre-emption (shuf'a), where available, allows an eligible claimant to substitute for the buyer of immovable property on the applicable terms of the sale. The Supreme Court described it as a right of substitution in Bishan Singh v. Khazan Singh, AIR 1958 SC 838.
Option feedback
Option A
Incorrect. Pre-emption (Shuf'a) is a right of preferential substitution upon a sale of immovable property, not a landlord's right to evict a tenant.
Option B
Correct. An eligible pre-emptor can substitute for the buyer on the applicable terms of the sale.
Option C
Incorrect. The right is one of substitution on the applicable terms of sale and confers no entitlement to a discount.
Option D
Incorrect. Pre-emption concerns the right to take the buyer's place in a sale of immovable property. It confers no right to mortgage the property.
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