petitioner has no existing benefit from the trust. Likewise
the registered gift deed or a copy of it has not been filed.
Before the learned ... probate proceedings to
uphold her title on the strength of a gift deed and the
trust deed. It is observed:
"Equally, the petitioner
gave particulars of the shares meant to
be gifted. The donor delivered the registered gift deed
together with the share certificates to the donee ... donee the owner of the property gifted by the
donor. The registered gift deed itself cannot
create any transfer and so it was not
competent
pursuant to the
final decree for partition. Armed with that gift deed, the
appellant-donee who obviously was a stranger tc the joint
family, filed ... claim of pre-emption by
undertaking to buy out the share of
such transferee; and
(5) While accepting such a claim
for pre-emption
land in purported
execution of the said decree of pre-emption. A deed of gift was executed by
Defendant-Respondent ... Punjab
Pre-emption Act of the kinsfolk entitled to pre-emption.
The right of pre-emption based on consanguinity is a
relic of the feudal
suit property went to his heirs. The
heirs executed a Gift Deed dated 2nd June, 1947. By this they gifted the
suit property to Nilratan ... claim of pre-emption by undertaking to buy out the share of such
transferee; and
(5) While accepting such a claim for pre-emption
SC1977 (3,6)
ACT:
Custom-Pre-emption-City of Banaras-Local Custom of Pre-
emption-Such right-Incident of property and attaching to
land.
HEADNOTE ... brought a suit claiming pre-emption on the
ground of vicinage. It was admitted that the custom of pre-
emption did prevail amongst non-Muslims
submitted that the award of the Arbitrator
noticed the pre-existing facts of a Gift Deed dated 14.10.1956
registered on 10.6.1961 and the revocation ... simply recorded
the finding on the basis of the pre-existing facts, namely, the
Gift Deed, the revocation of the gift and the partition
conclusion that there is no justification for passing an order of pre-emptive purchase only because there is a different purchaser by a different agreement ... make an order of pre-emptive purchase in this case for the following reasons :
Past sale instances do not strongly justify pre-emptive purchase
respect of which he has the right of pre-emption and that therefore his right of pre-emption is not extinguished by operation of Section ... right to sue. to enforce his right of pre-emption has become barred that right of pre-emption, owing to the inapplicability of Section
executed by the vendee in favour of another prospective pre-emption with an equal right of pre-emption and subsequent to the institution ... Devi, the original vendee, with a notice of pre-emption. She, in recognition of his right of pre-emption, transferred the house by executing
