Question regarding "Section 4(1) in The Partition Act, 1893"
Sudhin2218
(Querist) 18 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”?
M V Gupta
(Expert) 20 February 2011
Section 4 of the Prtition Act,1893 is clear and unambiguous. No need to rely on any HC or Sc judgement. The provisions of Section are mandatory and the court should allow the family memeber/s to purchase the share of the transferee who is not memebr of the family at the value determined by the court as provided in the Act.As regards your second question, the court may direct the matter to be referred to the Lok Adalat only if both parties agree.
