executed only to overcome the
rigors of pre-emption did not find favour holding that pre-
emption was a weak right and could be defeated ... after institution of the pre-emption
proceeding. In the present case the sale deed was executed on
24.07.1996 and the Gift deed executed
that the application for
pre-emption was filed on 20.12.2005, the land in question was
transferred through deed of gift in favour of his wife ... decided
that whether the right of pre-emption can be defeated through
the execution of deed of gift as in the present case the deed
basis of the claim
for the pre-emption, namely, the oral gift set up
by the pre-emptor vanishes, then the claim on the
basis ... avoid the claim of pre-emption
with respect to such transfer of land by a gift, the gift deed
is required to be registered
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
same set of pre-emptors filed pre-emption application which was registered as Pre-emption Case No. 11/93-94, giving rise to Appeal Case ... conduct such as this would defeat the very law of pre-emption. The right to pre-empt the sale is not exercisable till a pre
having no right of pre-emption under Section
16 (3) of the Act on the date of filing of pre-emption application ... declared invalid, the claim of pre-emption
of the respondent no.4 could not be maintainable, hence, rejected
the pre-emption application.
Against the order
right of pre-emption by all lawful means. The vendee may defeat
the right by selling the property to a rival pre- emptor with preferential ... pre-emption
petition which is filed on dated 30.10.2006 .The courts below has considered
that the pre-emption application has been filed well within
pre-emption application must fail. Thus, the
DCLR, Giridih, while accepting that the petitioner being also raiyat of the
adjoining land, has allowed the pre ... right of pre-
emption under Section 16(3) of the Act. As a matter of fact, Section 16(3)
confers the right of pre-emption
properties,
as the defendants say, then she had the right either to gift
them outright or to settle them as the defendants ... case by a sale from the immediate transferee,
in the other by pre-emption. But the exact dates do not
matter because the representation
Thereafter a suit was filed to set aside the gift deed and for possession of the property described in the plaint. A preliminary issue ... raised as under (page 210) :
"Is the gift deed valid as its registration took place without the consent of the donor" ?
19. Before
