Right of Pre-emption (Haq-e-Shufa) (Part 2)

First is talab-e-mowasibat (immediate demand), the first demand. You're sitting in your sitting-room, in your rest-house (dera), at Zaid's house, at Bakar's house, sitting somewhere, sitting with two, four, six people, sitting at any time. Suppose on 18-11-2018, at 8 PM, you're sitting at your own dera in such-and-such mauza. A, B, C are sitting with you. Now what have you established? You've established the day, month, and year. You've established the time. You've established the place where you were sitting. You've named the witnesses you were sitting with. Now Z comes. You were sitting at 8, at 8:30 PM Z arrives, could be anyone, Zaid, Bakar, whatever the name, Imran comes, Fahim comes, Ashraf comes, someone comes, he comes and says that Akram sold his such-and-such land to Mudassar. Now, whichever of these pre-emptor categories you fall into doesn't matter, whether you're shafi-e-sharik, shafi-e-khaliyat, or shafi-e-jaar, now what should be your immediate reaction to exercise pre-emption? That property, maybe the seller is your brother, that property, as a brother my right comes first, whoever it was sold to will come and cause trouble, disturb the whole account, ruin the whole village atmosphere, or he bought it out of spite, so I want to buy it, I buy it, I exercise pre-emption on it, or I have a right of water passage there, a right of way there, and he's just a troublemaker who will harass me, I want to buy this land, I exercise pre-emption, I will pre-empt it, I exercise pre-emption, or my land is adjacent, the first right is mine, and I've been telling him for two, three months that I heard you're selling, brother, sell it to me, sell it to me, and he did this secretly, I buy it, I will exercise pre-emption, I exercise pre-emption. My right is superior. This is called talab-e-mowasibat. Now, how natural all this is, but if none of it actually happened, when you fabricate all of it you'll forget these details. If it genuinely happened, that on 18-11-2018 you were sitting at your such-and-such dera with such-and-such person at 8 PM, and at 8:30 PM Zaid came and said Mudassar sold his land to Akram, and you reacted immediately, then tell me, if you take these witnesses to court even ten years later, they'll say exactly the same thing. Neither the time will change, nor the place, nor the date, nothing will change, everything will match up and your first demand will be complete. Now the second demand is talab-e-ishhad (demand for attestation), ishhad comes from shahadat (testimony), demand for attestation means a demand sent in such a way that it remains as evidence, as proof, in your possession. Now in talab-e-mowasibat everything is verbal: on such a date, at such a time, at such a place, with such-and-such people, I was sitting, such-and-such person came and told me this, I exercised pre-emption, I stated my intention, this is all verbal, those witnesses are also verbal, that informant is also verbal, you are also verbal, you don't yet have hard evidence of exercising pre-emption, these are verbal testimonies. Now, talab-e-ishhad is a demand that creates evidence, solid evidence, this page, solid, something you can touch. What is talab-e-ishhad? Once you've made talab-e-mowasibat, the law gives you two weeks, within those two weeks you need to send a written notice to that buyer through registered acknowledgment. There's registered plain post, and there's an acknowledgment-due slip that gets attached, you need to send it as registered post with acknowledgment due, that notice. Now what will be in that notice? Everything you stated in talab-e-mowasibat will be written in it. You need to formally write in that notice that on 18-11-2018 at 8 PM I was sitting at my dera at such-and-such place with witnesses A, B, C, at 8:30 PM Mudassar came to me, came to us, Mudassar came and told us that Akram sold his such-and-such property to Aslam, upon which, in front of the witnesses and the informant, I said that I have the right of pre-emption over that property, I want to buy that property, if I don't get that property I could suffer such-and-such harm, that property matches my need, I need it, it's a simple statement, nothing that complicated, you need to write all this, and after writing it, you need the signatures and thumbprints of those witnesses who were sitting with you during talab-e-mowasibat. At the end of this same notice you also need to sign it yourself. Once this notice is ready, you need to get a copy made. Keep that copy with you for the record, and also write in that notice that a copy of this notice, for the record, is kept with me. Then you need to seal it in an envelope by registered post with acknowledgment due, write the buyer's name, father's name, and address on the registered slip, write your own name and address on the back, so that if he refuses to accept it, and along with it the acknowledgment due, if he does accept it, his signature will be on it, you need to send this within two weeks. If two weeks pass, that's the end of it, then you have no leeway at all. Now I'm just giving you the basics, there are countless details, countless exceptions, but if you act under what I'm telling you, you can win a pre-emption case. Now the third demand, talab-e-khusumat (demand for litigation), what is it? Talab-e-khusumat is that you've now completed talab-e-mowasibat, you've also completed talab-e-ishhad, talab-e-khusumat means now you need to file the suit. Now how long do you have to file the suit, how long can you take to file it? You're given four months to file your suit, you can file your suit within four months. Now the question arises, when do those four months start? Now those four months start: 1. From when the sale deed is registered. 2. If there's no registration, direct mutation, from that day. 3. And if the property sale happens neither through registration, nor through mutation, neither in the form of a fard-e-intiqal, nor in the form of registration, then from the day the buyer takes possession, comes in front of you, takes possession, you ask, why, brother, how are you here? He says I bought it. You said right then, in front of him, sir, well, I exercise pre-emption on it. This too is a situation, that you didn't even know a piece of land was adjacent to yours, or that you were a co-sharer pre-emptor, dominant-tenement pre-emptor, or neighbouring pre-emptor. One fine morning you go, and you see that troublemaker on that land, you ask him, well, brother, how are you here? He says, I bought this land. You have three other people with you, you said in front of them that I've bought this land, from that day four months, and if you didn't know these three things: 1. Neither do you know the date of the sale deed. 2. Nor do you know the date of the mutation. 3. Nor do you know whether he's taken possession or not. If none of these three situations apply, then from the day you gain knowledge, when you make talab-e-mowasibat, within four months of that you'll file the suit. Now, once you file the suit, you need to write all this in the suit, as I've described before, it's not rocket science. Now you'll write all this in the suit, and after writing it, you'll attach all the evidence of talab-e-ishhad with it: 1. If you get the sale deed, a copy of it. 2. If you get the mutation record, a copy of it. And 3. a copy of the notice you sent by registered post.