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Judgment Search Results Home > Cases Phrase: partition act 1893 section 4 partition suit by transferee of share in dwelling house Page 1 of about 495 results (0.141 seconds)

Aug 02 2006 (HC)

The Sangli Bank Ltd. by Its Pa Holder - Mr. M.R.V. Prasad Vs. Smt. Sud ...

Court : Karnataka

Reported in : AIR2007Kant3;

..... roy) and anr. v. partha sarathi ghosh - : [2002]supp1scr45 and punjab national bank v. r.l. void and ors. : 2004crilj4246 .9. section 4 of the partition act 1893 reads as under:partition suit by transferee of share in dwelling house.1. 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 ..... to have filed formal objection to ia 4 filed by the applicant under section 4 of the partition act, 1893. in the objections, it is contended that the application filed in the final decree proceeding is not maintainable. while admitting that the preliminary decree was passed on 30.8.1983 declaring the share of the plaintiff and that of the ..... share of the defendant was sought to be acquired by the applicants in execution proceedings exercising the right of preemption as provided under section 4 of the partition act. the intention of the legislature as per the ratio of the apex court and other high courts is clear that always the stranger should be excluded from gaining entry into the dwelling house .....

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May 21 1993 (HC)

Harinder Pal Singh Chawla Vs. Nirmal Daniere and ors.

Court : Delhi

Reported in : 1993IIIAD(Delhi)145; 51(1993)DLT191; 1993(26)DRJ309

..... of the transfer, the share or interest so transferred. where the 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 of joint possession or other common or part enjoyment of the house. section 4 of the partition act, 1893: partition suit by transferee of share in dwelling house : (1)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 .....

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Nov 06 2007 (HC)

Satbir Singh Vs. Heera Lal and anr.

Court : Punjab and Haryana

Reported in : (2008)2PLR339

..... is an application of a well-known rule which obtains among mohammedans every where and by custom also among hindus in some parts of the country.section 4 of the partition act, 1893 reads as under:4. partition suit by transferee of share in dwelling house: (1) 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 ..... . the said order is subject matter of challenge in the present revision petition.4. section 4 of the partition act, 1893 (hereinafter referred to as the act) contemplates that 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 ..... 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 .....

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Oct 17 1979 (HC)

Gulamrasool SarfuddIn Malek and ors. Vs. Dulhanbibi and ors.

Court : Gujarat

Reported in : AIR1980Guj110

..... section 4 of the partition act, 1893, we hold that the right conferred thereunder to compel a transferee of a share of a of an undivided family in a dwelling house when such a transferee is not himself a member of the family, to sell his share at a valuation, can be availed of by a member of the undivided family having a share in the said dwelling house irrespective of whether the suit ..... purposes at the same time a plaintiff and a defendant and (2) that even if the stranger transferee is arraigned as a defendant in a suit for partition, if he claims a share in a dwelling house, he can be treated as a plaintiff for the purposes of section 4. it is, therefore, abundantly, clear that according to the full bench there can be no doubt ..... of a share ..... share in a dwelling house which he had acquired hem one of the co-owners. a suit was filed against him for partition by one of the other co-owners, and although the defendant made no claim or the separation of his share, mushtaq ahmad, j. granted the plaintiff the benefit of s. 4 of the partition act m the ground that that section applied irrespective of whether the transferee .....

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Dec 31 2004 (HC)

V. Munusamy (Deceased) and ors. Vs. M. Suguna

Court : Chennai

Reported in : 2005(1)CTC107

..... none-else than the brother of the first defendant, the other sharer, namely, first defendant filed a petition under section 4(1) of the partition act, 1893 (in short 'the act'). the said provision reads as under:'section 4, partition suit by transferee of share in dwelling-house. -_(1) 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 ..... trial court. as said earlier, section 4(1) of the act gives option to any member of the family who is a co-sharer in respect of a dwelling house, a portion whereof has been transferred to a person who is not a member of such family, to purchase the share of such transferee if a suit for partition is filed by that transferee. on such option being exercised, the .....

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Jul 13 2005 (HC)

Mangu and ors. Vs. Viiith Addl. District and Sessions Judge and ors.

Court : Allahabad

Reported in : 2005(4)AWC3669

..... the court with inherent power for doing justice between the parties. however, before proceeding further, it would be relevant to examine the provision of section 4 of the indian partition act, 1893, which is quoted below :'4. partition suit by transferee of share in dwelling-house.--(1) 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 ..... undivided share in the ancestral dwelling house in favour of harkesh the contesting respondent no. 3. harkesh filed original suit no. 713 of 1982 for partition and possession of his share. the trial court decreed the suit holding that harkesh was entitled to half share in the suit property. on appeal though the order was confirmed vide order and judgment dated 23.4.1986, in consonance with section 4 of the partition act (hereinafter .....

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Feb 01 2002 (HC)

Seraj Ahmad Vs. Mohammad Ramjan and ors.

Court : Allahabad

Reported in : 2002(1)AWC770

..... above substantial question of law, on which the appeal was admitted. therefore, i consider the same.6. clause 1 of section 4 of the partition act. 1893, on which the learned counsel relied upon, reads as follows :'partition suit by transferee of share in dwelling house.--(1) 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 .....

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May 11 2011 (SC)

Vimaleshwar Nagappa Shet. Vs Noor Ahmed Sheriff and ors.

Court : Supreme Court of India

..... not bound by the agreement executed by other defendants to the extent of his share.6) from the evidence and the materials, it is clear that the suit property is dwelling house. in that event, section 4 of the partition act, 1893 is relevant which reads as under:- "4. partition suit by transferee of share in dwelling-house.-- (1) 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 .....

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Aug 10 1990 (HC)

B. Rajamma Vs. S. Ananthakrishnan Potti and ors.

Court : Kerala

Reported in : AIR1991Ker272

..... of section 4 of partition act, 1893 we hold that the right conferred thereunder to compel a transferee of a share of a member of an undivided family in a dwelling house when such a transferee is not himself a member of the family, to sell his share at a valuation, can be availed of by a member of the undivided family having a share in the said dwelling house irrespective of whether the suit ..... 117 : air 1990 sc 867 in support of appellant's claim based on section 4 of the partition act. in that case there was a transfer of share in a dwelling house belonging to an undivided family by a co-owner. other co-owners filed a suit for grant of interlocutory mandatory injunction restraining the transferee from having joint possession with the non-transferor co-owner. the supreme court ..... of the transfer of property act and section 4 of the partition act, if it relates to a dwelling house belonging to an undivided family. if transferee of the share is not a member of that family such a tranferee will not be entitled to joint posession or other common or part enjoyment of the house. section 4 of the partition act and section 44 of transfer of property act, while recognising the transfer of a .....

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Oct 22 1984 (HC)

Bhagirathi Jena and anr. Vs. Parsuram Jena and ors.

Court : Orissa

Reported in : AIR1985Ori137; 58(1984)CLT632

..... section 4 of the partition act, 1893, we hold that the right conferred thereunder to compel a transferee of a share of a member of an undivided family in a dwelling house when such a transferee is not himself a member of the family, to sell his share at a valuation, can be availed of by a member of the undivided family having a share in the said dwelling house irrespective of whether the suit ..... , the lower appellate court dismissed the plaintiffs' suit.5. the decision of the lower appellate court is challenged as being passed on misconception of the scope and import of section 4, partition act.6. the object of section 4, partition act is to enable members of a family to buyout stranger transferees from one of the members, who seeks partition of dwelling house. the legislative intention is to avoid inconvenience to members of ..... the character of a dwelling house for the purpose of section 4 of the act.the division bench of this court held in the case of alekha mantri v. jagabandhu mantri, air 1971 orissa 127 that section 4 of the partition act applies to a suit for partition by a member of undivided family against stranger transferee and, it is not necessary that the transferee should have filed the suit or being the defendant .....

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