1. As to who can Claim it:
Under the Sunni law, a co-sharer, a participator in the appendages and owners of adjoining lands are entitled to claim pre-emption. Under the Shia law, a co-sharer alone is entitled to claim pre-emption and that too, if the number of cosharers does not exceed two.
Thus, Shia law does not recognise the right of pre-emption on the ground of “vicinage”.
2. As to right to sue:
Under the Sunni law, if the pre-emptor dies before obtaining a decree in a suit for pre-emption, the right to sue is extinguished, whereas under the Shia law, the right to sue is not extinguished, and the suit may be continued by the pre-emptor’s heirs.
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3. As to Abatement of Price:
ADVERTISEMENTS:
Under the Sunni law, if after the completion of the sale, the vendor makes an abatement of the price, the pre-emptor can claim the benefit of the abatement. Under the Shia law, in such a case, the pre-emptor cannot claim the benefit of the abatement of the price.
4. As to the Number of Demands:
Under the Sunni law, the talab-i-mowasibat and the talab-i-ishhad are the two conditions precedent to the exercise of the right of pre-emption. Under the Shia law, the distinction between the two demands is not recognised. Only one demand is necessary.