Question regarding "section 4(1) in the partition act, 1893"
Sudhin2218
(Querist) 13 September 2012
This query is : Resolved
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"
As per the above Act.. where it says "make a valuation of such share" How Honb'e Court make a valuation of such share... Is that based on current market value (market value in Sub register office) of share ? is it the amount paid by stranger while buying that share?
M V Gupta
(Expert) 15 September 2012
Generally the court will ask for the valuation determined by an approved valuer; and will also take into account the valuation contained in the basic value register maintained in the Sub registrar,s office. etc. U can also produce evidence of sale transactions that have been registered in the Office of the Sub Registrar in recent times.
Jeevesh
(Expert) 16 September 2012
Agree with Mr. Gupta
