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Supreme Court of India 2020-10-13 allowed

Raghunath (D) by Lrs vs Radha Mohan (D) Thr. Lrs & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court clarified the nature and scope of pre-emption rights under the Rajasthan Pre-Emption Act, 1966. The Court held that the right of pre-emption is a weak, one-time secondary right available upon a property transfer, not a recurring right that can be exercised on every subsequent transaction. The limitation period is one year from the date of registration of the first sale after the Act came into force. Once waived or allowed to lapse, the right is permanently lost and cannot be revived upon later sales of the same property. Section 9 of the Act acts as an absolute bar to exercising pre-emption rights after the initial right has been forfeited.",

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Real Property Law Right of Pre-emption Limitation Law Land Transfer Rajasthan Law

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