Section 460: Procedures for making pre-emption

1) A person who intends to make a pre-emption of any immovable property pursuant to this Chapter shall make a petition to the office making registration of the relevant deed. Such a petition has to be accompanied by a deposit of an amount equal to the price of the property to be pre-empted, if any, indicated in the deed registered for the transfer of such property, or an amount equal to the prevailing market price if such price is not indicated in the deed. The fees charged for 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 summons to the person obliged to allow pre-emption to appear in the office, within a period of seven days, excluding the time required for the journey.

3) If the person obliged to allow pre-emption appears and consents to pre-emption within the time limit as referred to in sub-section (2), the office that approves the registration of the deed shall effect pre-emption by paying to him or her the amount deposited pursuant to sub-section (1).

4) If, despite that the person obliged to allow pre-emption does not appear and consent to pre-emption 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 pre-emption 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 pre-emption and give an execution slip to the person entitled to pre-emption to enjoy the property to be pre-empted, and send a notice to the person obliged to allow pre-emption 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 pre-emption.

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 pre-emption 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 a 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 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.