Does it need to be ancestral property "section 4(1) in the partition act, 1893"
Sudhin2218
(Querist) 21 January 2013
This query is : Resolved
"Partition Act, 1893
4. Partition suit by transferee of share in dwelling-house
(1) Where a share of a dwelling-house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the Court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf."
My Question is, Only if its Ancestral property, then only a family member of dwelling house can buy the share from stranger, as per the above act ? or Can it be a just undivided property, need not to be Ancestral property?
Raj Kumar Makkad
(Expert) 22 January 2013
There is no scope for replying academic queries.
Sudhin2218
(Querist) 22 January 2013
Can Somebody answer to this Query ?
Anirudh
(Expert) 22 January 2013
You give your fact situation and then pose the query.
Simple abstract query without facts will be difficult to answer
prabhakar singh
(Expert) 22 January 2013
The property should be joint between or among
holders to attract the provision,no matter ancestral or not,is the answer.
Sudhin2218
(Querist) 22 January 2013
Thank You Prabhakar Sir !!
That's the exact thing which I was looking for.
By any chance ... do you have any citations which can support this stand.
R.K Nanda
(Expert) 22 January 2013
search indiankanoon.com for citations.
