Sociology and Anthropology Vol. 3(2), pp. 78 - 84
DOI: 10.13189/sa.2015.030202
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Pre-emption: Bangladesh Approach

Md. Milan Hossain ^*
Department of Law, Britannia University Comilla, Bangladesh

ABSTRACT

Pre-emption is a prior right of a co-sharer of a land either by purchase or by inheritance, owner of adjoining property or neighbor of a land. When a piece of land is sold to a third party without acknowledging such owners of land, the question of right of pre-emption arises, i.e., the co-sharer of land is first entitled to purchase the land and claim the ownership. If he waves his right by consent either expressly or impliedly, a third party or a stranger can purchase it. In Bangladesh there are three legal approaches as regards pre-emption- (i) Muslim Law Approach, (ii) State Acquisition & Tenancy Act, 1950 Approach and (iii) Non-agricultural Tenancy Act, 1949 Approach. This paper will focus on pre-emption under Muslim law and statutory laws in Bangladesh and make a comparative study. It will analyze present situation or approach of pre-emption in Bangladesh and determine the drawbacks of the existing statutory law and problems in case of application of pre-emption, and give way of solution.

KEYWORDS
Pre-emption, Co-sharer, Pre-emption Application, Muslim Law, SAT Act, NATA etc

Cite This Paper in IEEE or APA Citation Styles
(a). IEEE Format:
[1] Md. Milan Hossain , "Pre-emption: Bangladesh Approach," Sociology and Anthropology, Vol. 3, No. 2, pp. 78 - 84, 2015. DOI: 10.13189/sa.2015.030202.

(b). APA Format:
Md. Milan Hossain (2015). Pre-emption: Bangladesh Approach. Sociology and Anthropology, 3(2), 78 - 84. DOI: 10.13189/sa.2015.030202.