Section 16(3)(i) of the Bihar cieling act Act, whereunder a pre-
emption application is filed, is reproduced hereinbelow:
"3(i) When any transfer of land is made after
the commencement of the Act to any person
other than a co-sharer or a raiyat of
adjoining land, any co-sharer of the
transferor or any raiyat holding land
adjoining the land transferred, shall be
entitled, within three months of the date of
registration of the documents, of the transfer,
to make an application before the Collector
in the prescribed manner for the transfer of
the land to him on the terms and conditions
contained in the said deed:
Provided that no such application shall
be entertained by the Collector unless the
purchase money together with a sum equal to
7
ten percent thereof is deposited in the
prescribed manner within the said period."
It is evident on a plain reading of the same that a co-sharer
or an adjoining raiyat with respect to transfer of the land
shall be entitled to the claim of pre-emption.
2) further section 3 of the Ceiling Act which provides that the
provisions of this Act shall have effect
notwithstanding anything contrary contained in
any other law, custom, usage or agreement for
the time being in force, or any decree or order of
any court; the only exception being made to the
provisions of the Bihar Bhudan Yagna Act, 1944.
3) under circumstances it is advisable to give your neighbor option to purchase your land