Section 458: Pre-emption of house donated or gifted

1) Notwithstanding anything contained in Section 455,456 or 457, if any person relinquishes in any manner his or her right in and donated or gifted the half part of the same house or any portion thereof or the land occupied by or appurtenant to the house and the done 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, 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 an 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 is more than one heir intending to make pre-emption 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.