# Neighbour sold his land? You may buy it first. > The Punjab Pre-emption Act gives co-owners and neighbours first right. Miss one demand, or one deadline, and the right is gone. - Topic: Property and inheritance - For: Citizens - A 11-slide carousel: https://failegal.site/media/neighbour-sold-his-land-you-may-buy-it-first-preemption - Published by FAI Legal on 2026-10-10 ## The right has a name. Shufa, or pre-emption. > "a right to acquire by purchase an immovable property in preference to other persons by reason of such right;" (Punjab Pre-emption Act, 1991 · Section 2(c)) ## Who comes first? Three ranks, in this order (s.6(1)). - **Shafi Sharik** A co-owner in the undivided property sold. - **Shafi Khalit** Shares a special right in it: passage, water or irrigation. - **Shafi Jar** Owns property adjacent to the property sold. ## Quick quiz. When do you speak? Guess first, then swipe for the answer. - **A. Within 4 months** - **B. Right there, in that sitting** - **C. After you see a lawyer** ## Answer: B. In that sitting. The first demand is immediate. > "immediate demand by a pre-emptor, in the sitting or meeting (Majlis) in which he has come to know of the sale, declaring his intention to exercise the right of pre-emption. NOTE: Any words indicative of intention to exercise the right of pre-emption are sufficient." (Punjab Pre-emption Act, 1991 · Section 13(1), Explanation (I)) ## Three demands. In order. Section 13. - **Talb-i-muwathibat** Declare it at once, in the sitting where you learn of the sale. (s.13(2)) - **Talb-i-ishhad** Written notice to the buyer, attested by two truthful witnesses, by registered post AD, within two weeks of knowledge. (s.13(3)) - **Talb-i-khusumat** File the suit in the competent court. (s.13(4)) ## Myth or fact? Where most claims die. - **Myth: Miss a demand now, fix it later in court.** - **Fact: The right is extinguished unless the demands are made in this order (s.13(1)).** ## Watch the clock. Two deadlines that end the case. - **Suit: 4 months** From registration of the sale deed, or attestation of the mutation (s.30(a), (b)). - **No deed or mutation?** From the buyer taking possession, or else from your knowledge (s.30(c), (d)). - **Deposit one-third** Of the price, in cash, within the time the court fixes, max 30 days from filing. Miss it and the suit is dismissed (s.24(1), (2)). ## Not every transfer. These are not a "sale" (s.2(d)). - **Family transfers** Inheritance, will, or gift, unless it is a gift for a return (hiba bil-iwaz). - **Court sales** Sale in execution of a decree or order. - **Swaps and dower** Exchange of agricultural land, or land given as dower. ## Check your case. Free. Ask FAI in your own words. It answers with the exact section and the judgments behind it. - **My co-owner sold his share to an outsider. Can I claim pre-emption?** - **What must a talb-i-ishhad notice contain, with case law?** ## What this does not mean - The article explains the Punjab Pre-emption Act, 1991, not the law of other provinces. - Not every transfer is a sale. Inheritance, will, gift (unless hiba bil-iwaz), sale in execution of a decree, exchange of agricultural land and land given as dower are excluded (s.2(d)). - A missed demand cannot be fixed later in court. The right is extinguished unless the demands are made in order (s.13(1)). ## Questions people ask ### What is haq shufa in Pakistan? Haq shufa, or pre-emption, is a right to buy an immovable property in preference to other persons (Punjab Pre-emption Act, 1991, s.2(c)). ### Who has the right of pre-emption in Punjab? Three ranks, in order (s.6(1)): Shafi Sharik, a co-owner in the undivided property; Shafi Khalit, who shares a special right such as passage, water or irrigation; and Shafi Jar, who owns adjacent property. ### What is talb-i-muwathibat and talb-i-ishhad? Talb-i-muwathibat is the immediate demand, in the sitting where you learn of the sale (s.13(2)). Talb-i-ishhad is a written notice to the buyer, attested by two truthful witnesses, sent by registered post AD within two weeks of knowledge (s.13(3)). The suit, talb-i-khusumat, comes last (s.13(4)). ### What is the time limit for a pre-emption suit in Punjab? Four months from registration of the sale deed or attestation of the mutation (s.30(a), (b)). With neither, from the buyer taking possession, or else from your knowledge (s.30(c), (d)). ### How much money must be deposited in a pre-emption suit? One third of the price, in cash, within the time the court fixes, at most 30 days from filing. If it is not deposited, the suit is dismissed (s.24(1), (2)). ## Sources - Punjab Pre-emption Act, 1991 · Section 2(c): "Right of pre-emption" - Punjab Pre-emption Act, 1991 · Section 13(1), Explanation (I): Talb-i-muwathibat --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.