Need an Answer
Sudhin2218
(Querist) 19 February 2011
This query is : Resolved
We've a joint property and it was jointly registered in the name of my grandmother (father's mother) and my father’s name,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,
so we filed the suit for an injunction and Sr division court granted injunction in favor of us. Then stranger filed suite for partition in 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."
Question 1: My mother or my sister is ready to buy the share of such transferee, so please let me know are there any Good Supreme Court or Karnataka High Court Judegement Citations, which can strongly support “Section 4(1) in The Partition Act, 1893” ?
Question 2: Do we need request H’ble Judge to refer this case to Lok adalat based on “Section 4(1) in The Partition Act, 1893”?
adv. rajeev ( rajoo )
(Expert) 19 February 2011
Sec 44 of the TP Act is applicable.
Whether your grand mother had any independent income, what is her source of income to have the house property jointly with your father?
Let me know
R.venkatesh Naidu
(Expert) 20 February 2011
Section 44 of tp Act, 'whether fhe transferee of a share of a dwelling house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.
