Section 460
Procedures For Making Pre-emption
(1) A person who intends to
make pre-emption of any immovable property pursuant to this
hapter shall make a petition to the office making registration of
the relevant deed, and such a petition has to be accompanied by a
deposit of an amount equal to the price of the property to be preempted,
if any, indicated in the deed registered for the transfer of
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such property, or an amount equal to the prevailing market price if
such price is not indicated in the deed, and the fees charged in the
approval of registration of such a deed.
(2) If a petition is received pursuant to sub-section (1), the
office that approves the registration of the deed shall hold the
petitioner on recognizance and send a process of summon to the
person obliged to allow preemption to appear in the office, within a
period of seven days excluding the time required for journey.
(3) If the person obliged to allow preemption appears and
consents to preemption within the time limit as referred to in subsection
(2), the office that approves the registration of the deed shall
effect preemption by paying to him or her the amount deposited
pursuant to sub-section (1).
(4) If, despite that the person obliged to allow preemption
does not appear and consent to preemption within the time-limit
referred to in sub-section (2), it appears from the received petition,
registered deed and records of the office that pre-emption is to be
effected, the office that approves registration of the deed shall make
decision to effect pre-emption, and if it appears that pre-emption is
not to be made, that office shall make decision not to effect preemption
and give according information to the petitioner.
(5) If the person obliged to allow pre-emption does not
appear within the time limit referred to in sub-section (2), and, after
the expiration of the time limit, if it appears from the received
petition, registered deed and records of the office that pre-emption
is to be effected, the office shall make decision to effect preemption
and give an execution slip to the person entitled to pre247
emption to enjoy the property to be pre-empted, and send a notice
to the person obliged to allow preemption to receive the amount of
deposit made pursuant to sub-section (1).
(6) If the person obliged to allow pre-emption appears
within the time-limit referred to in sub-section (2) but expresses his
or her disagreement with the market price of such property, the
office that approves the registration of the deed shall fix the market
price of that property and effect pre-emption by having the amount
equal to that market price paid to the person obliged to allow preemption.
(7) If any party does not agree to the market price of the
property subject to pre-emption fixed pursuant to sub-section (6) or
if the person obliged to allow preemption appears within the time
limit and shows the reason why pre-emption is not to be made, and
it is necessary to decide it upon examination of evidence on the
matter, the office that approves the registration of the deed shall
inform that the concerned person may make a lawsuit in the court
within thirty-five days; and in such a case, action shall be taken
pursuant to a decision of the court if a lawsuit has been filed within
the time-limit, and pursuant to a decision of the office if no such a
lawsuit has been filed.
(8) In returning the amount to the petitioner on holding
that pre-emption cannot be made pursuant to sub-section (4), two
and half percent of the amount deposited pursuant to sub-section (1)
shall be deducted.
(9) If the person who has petitioned for pre-emption does
not subsequently intend, for any reason, to make pre-emption or
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fails to appear at the appointed dates, the office shall punish that
person with a fine of three percent of the amount of deposit
furnished by him or her and the amount that remains after deducting
that fine from the amount of deposit shall be returned to him or her.