Pre- Emption: Future Domain Doctrine

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....nforced only in the event any contingency in that behalf takes place. A Will is not a transfer for enforcement of a right of pre-emption under a contract. It must be enforced by a suit. On the right of pre-emption based on consanguinity being unconstitutional, we may notice the decision of this Court in Atam Prakash v. State of Haryana and Ors.- [1986 (2) TMI 338 - SUPREME COURT], wherei....

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....k entitled to pre-emption. The right of pre-emption based on consanguinity is a relied of the feudal past. It is totally inconsistent with the Constitutional scheme. It is inconsistent with modern ideas. The reasons which justified its recognition quarter of a century ago, namely, the preservation of the integrity of rural society, the unity of family life and the agnatic theory of succession are ....

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....aul, J.), in its initial paragraph itself discusses this aspect and it would suffice to quote the same. 1. The right of pre-emption holds its origination to the advent of the Mohammedan rule, based on customs which came to be accepted in various courts largely located in the north of India. This law is stated to be largely absent in the south of India on account of the fact that it never formed ....