Joint property Legal heirs rights ?
Sudhin2218
(Querist) 25 October 2010
This query is : Resolved
We've a joint property it was in the name of my grandmother (father's mother) and my father,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.. My mother has 3 daughters and I'm the only son.. all 3 daughters married.. are my sisters qualified to undertake to buy the share of such transferee?
My understanding "if any member of the family being a shareholder" = either of my sister or me or my mother are the legal competents to buy the share of such transferee?
Please correct me .. If I'm wrong.. Thanks.
Thanks in advance.
Sudhin2218
(Querist) 25 October 2010
This query is still open
adv. rajeev ( rajoo )
(Expert) 25 October 2010
The property was jointly held by your GM & father so both have equal share in the house. they are the shareholders of the house jointly.
Being a legal heirs of your deceased father you are also shareholders of the house.
Purchase has rightly filed a suit. SEc 44 of the TP act says the same.
You have got a right of pre-emption.
Devajyoti Barman
(Expert) 25 October 2010
If your grandmother has died then your mother or you can file a suit for partition along with your sisters.
Raj Kumar Makkad
(Expert) 25 October 2010
I directly come to your query. After death of your father, yur mother as well as your sisters and you inherited his share though it was got entered in the name of your mother in the relevant record but you and your sisters are also share-holders being legal heirs of your deceased father.
Being shareholders, you can very well take the benefit of the provision of Partition Act, 1893 and can offer to purchase the aforesaid sold share in your favour.
