Mst. ZARSHEDA vs NOBAT KHAN Ss — 2022 PLD 21 SUPREME-COURT

Case information

Citation: 2022 PLD 21 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: Mst. ZARSHEDA vs NOBAT KHAN Ss
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. ZARSHEDA VS NOBAT KHAN Ss. 2(d) & 5---Right of pre-emption in case of gift---Scope---"Sale" meant permanent transfer of the ownership of an immovable property in exchange for a valuable consideration and included transfer of an immovable property by way of hiba-bil-iwaz or hiba-bi-shart al-iwaz but in line with one of the exceptions provided therein, it did not include a transfer of an immovable property through inheritance or will or gift, other than hiba-bil-iwaz or hiba-bi-shart al-iwaz---Right of pre-emption arose in case of "sale" and when such sale was completed but did not arise in case of transfer of immovable property without consideration such as gift.

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