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Gourang M Haldipur   10 April 2023

Stranger purchaser

Respected Sir- Our HUF family dwelling house that was jointly owned by 16 family members was the subject matter of a partition decree. During the pendency of the FDP, 12 of the family members sold their undivided shares in the dwelling house to a stranger, with 4 coparceners still owning undivided shares in the dwelling house. The stranger was impleaded as a defendant in the FDP by orders of the High Court. He has now applied in the same FDP to get the shares of his vendors demarcated by metes and bounds. The dwelling house is in my actual physical possession. I shall be grateful  if I could be guided on the following points:-

1. Whether the stranger purchaser can seek demarcation of the shares of his vendors in the present FDP that arises out of a suit for partition amongst members of the HUF family.

2. Whether I can apply under section 4 of The Partition Act to buy out the stranger in the pending FDP or whether I need to wait for the stranger to file a suit for general partition, if it is to be assumed that he cannot seek demarcation of his share in the present FDP.



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 1 Replies

Real Soul.... (LEGAL)     10 April 2023

How ca anyone buy a property that is uncertain and undivided though that can be only commitment.

Anyways the issue is correctly framed, and if properly advocated can be replied in negative. But if the shareholders state in the court that that they have already sold the share to their extent in the property to the potential buyers then court can give them right to seek partition. In any way it is optimum to get the property divided and partitioned with every share holder placed in possession


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