Studies in Ancient Hindu Polity (Based on the Arthashastra of Kautilya), Vol. I c14.s2.2

c14.s2.2

We begin with the sale of immoveable property. The first provision in regard to this is that the piece of property on sale has to be offered for purchase in the first instance to the kinsmen (ज्ञातयः) of the seller. If they do not propose to buy, then the property has to be offered to the neighbours, who can claim such right on the ground of vicinage or participation in the appendages (सामन्ताः); and on their refusal to purchase, the property is to be offered to the creditors of the seller (धनिनाः).¹ These rules evidently indicate that something like the right of pre-emption existed in those days. The texts concerning pre-emption are very few in Sanskrit legal literature, and even those that exist have been explained away by later commentators. I quote here Prof. Jolly’s view on this point:—