Married daughter right in dwelling house (section 4(1) in the partition act, 1893)?
Sudhin2218
(Querist) 22 January 2013
This query is : Resolved
We've a joint property it was in the name of my grandmother (father's mother) and my father, My grandmother had a daughter along with my father, she got married in the year 1965 and she got settled down in Husband's house. after my father passed away in 1991, my mother became joint owner with my grandmother, In 2004 my grandmother (my grand mother was not in possession) sold the half of the joint property to stranger (not belongs my Hindu family) , there was no partition deed made between my mother and grand mother, stranger filed suite for partition on 2006, now we came to know there is a provision in "Section 4(1) in The Partition Act, 1893
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 : As per the "Section 4(1) in The Partition Act, 1893" they quoted "if any member of the family being a shareholder" what does that mean..Can my Aunt ( My Grand mother's daughter or My father's sister)also be a legal competent to undertake to buy the share of such transferee?
My Aunt got married in the year 1965, from that day she is not residing in the dwelling house. Is that only me, my mother are the legal competents to buy the share of such transferee? or Can My Aunt also be a competent to buy the share from such transferee?
prabhakar singh
(Expert) 22 January 2013
Q. what does that mean..Can my Aunt ( My Grand mother's daughter or My father's sister)also be a legal competent to undertake to buy the share of such transferee?
Ans:YES!ALL YOU THREE ARE BUT IN CASE YOU ALL BECOME RIVAL BUYERS ,YOU AND MOTHER WOULD BE PREFERRED AGAINST YOUR AUNT.
Anirudh
(Expert) 22 January 2013
Why look for your aunt or others in the family for that purpose. You or your mother herself can come forward and purchase the portion.
Sudhin2218
(Querist) 22 January 2013
Anirudh.. The reason, why I am worried is because My Aunt is favoring to stranger. In case stranger & my aunt collided and if they trying to compet with us when we are trying to buy the such share. then My aunt may quote higher price.
Anirudh
(Expert) 22 January 2013
What is at stake is the 50% portion that belonged to your grand mother.
Your grand mother could not have sold it to the outsider without first making the offer to you who are the other 50% owners.
Therefore at the relevant point of time, your aunt had no right whatsoever to buy the same, your grand mother being the owner.
Raj Kumar Makkad
(Expert) 23 January 2013
I do agree with the advice of Anirudh.
