Section 458
Pre-emption Of House Donated Or Gifted
(1) Notwithstanding
anything contained in Section 471, 472 or 473, if any person
relinquishes in any manner his or her right in and donates or gifts
the half part of the same house or any portion thereof or the land
occupied by or appurtenant to the house and the donee has
transferred the right in the house or land in any manner to another
person, the donor or his or her heir residing in the same place may,
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if he or she so intends, pre-empt such a house or any portion thereof
or the land occupied by or appurtenant to the house.
(2) Notwithstanding anything contained in sub-section (1),
if a person gets a donation or gift of the half part or any portion of
the same house or the land occupied by or appurtenant to the house
from a donor and the donor donates or gifts the remaining part of
such a house or land to another person, the former donee or giftee
or his or her heir may pre-empt such remaining part or portion.
(3) In making pre-emption pursuant to sub-section (1) or
(2), the figure of price, if any, indicated in the instrument of
donation or gift, and amount equal to the prevailing market price, if
such figure is not so indicated, and the fees incurred in the
registration of the deed shall be paid to the creditor.
(4) If, there are more than one heir intending to make preemption
pursuant to sub-section (1) or (2), the nearest heir, and the
most aggrieved heir, if even the nearest heirs are more than one,
may make pre-emption.