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Report No. 86

7.41. Need for clarification as to date of valuation.-

The need for a clarification on the above point is obvious. It is evident that the valuation must be fair to the stranger purchaser as well as to the co-sharer of the erstwhile undivided family. It is not easy to decide which of the two views on the subject should be codified-the Calcutta view or the Orissa view. There is much to be said in support of either view. However, on balance, it seems to us that it would be reasonable to fix the valuation with reference to the date of the undertaking given by the co-sharers. This would avoid the impact on the co-sharer of fluctuations in market price after the undertaking.

The Partition Act, 1893 Back

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