The Right of Pre-emption in Personal and Statutory Laws: A Comparative Legal Analysis of Bangladesh and India

Abstract

The right of pre-emption represents an important yet controversial legal doctrine that allows a person to acquire property in preference to others upon the occurrence of a sale. Rooted in Islamic jurisprudence and later incorporated into statutory regimes, this right occupies a unique position in the property law framework of South Asia. In both Bangladesh and India, the doctrine survives through a complex interaction between personal laws and statutory enactments. This paper undertakes a comparative legal analysis of the right of pre-emption under personal and statutory laws in Bangladesh and India. It examines the historical foundations, conceptual justifications, procedural requirements, judicial interpretations, and contemporary relevance of pre-emption in both jurisdictions. The study finds that while Bangladesh continues to recognize pre-emption primarily through Islamic personal law and limited statutory support, India has moved largely toward statutory regulation with diminishing reliance on personal law. The paper also highlights constitutional challenges, policy debates, and reform needs surrounding this doctrine in modern property transactions.