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Mrs . Shanta Rani (Housewife)     16 December 2011

Valueation of share under partition suit

As per  Partition Act of 1893

Under Section 4 which I understand is as follows:

Partition suit by transferee of share in dwelling house


 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 share-holder 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 questions.....

How does the court arrive at the valuation of property?

Are there any Judgements to this effect?

Is the purchase price or Agreement price or circle rates or what is considered?

How would the valueation for a multi floor dwelling house would be done in such cases





 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 December 2011

Present market value is the best option in my opinion.
1 Like

Mrs . Shanta Rani (Housewife)     18 December 2011

Adv Rajeev (Rajoo),

Thanxs for your reply.

But how does the court arrive at fair market value for a property in Delhi?




Every regstration office has a list showing the market value of land in different locations in its area.

constuctions are also valued according to the type and age of the construction.

On top of that, the registrar also has some discretion. 

Any recent registered  sale will fix the valueof the land at that value.

Approach a registrar officedocument writer who will give you an idea of the value of the propety.

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