Chapter: Those Entitled to Pre-emption and Who Has Priority in It

Pre-emption pertains only to a partner who owns an undivided share of the underlying real property. A neighbour—whether near or distant, whether his plot abuts the property or not—has no right of pre-emption; nor does the owner of an upper storey against the lower, the owner of a lower storey against the upper, or one who merely possesses the right to lodge his beams in another’s wall.

The right of pre-emption belongs to every partner, whether minor or adult, male or female, Muslim or dhimmi, and between a Muslim and a dhimmi it operates exactly as it does among Muslims. Likewise, the person against whom pre-emption is claimed is subject to it, whether present or absent, adult or child.

Whenever the share is transferred for consideration—through sale, lease, bridal dower, remunerated gift, blood money for injury, compensation for property destroyed, or any other form of equivalent payment—pre-emption applies. But if someone acquires a share without consideration, such as by inheritance, charity, bequest, or a gift given without return—