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Report No. 86

3.7. Analogous laws.-

Besides the Partition Act, a few other enactments contain provisions which are analogous to, or connected with the Act. Of these, the most important is the provision in section 44 of the Transfer of Property Act1 concerned with dwelling houses, which reads-

"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 to joint possession or other common or part enjoyment of the house. It is because of this section2 of the Transfer of Property Act that section 4 of the Partition Act was enacted. We shall have occasion to consider it in detail, later on.3

1. Section 44, second paragraph, Transfer of Property Act, 1882.

2. See also para. 2.3, supra.

3. See discussion relating to section 4, paras. 7.1 to 7.9, infra.



The Partition Act, 1893 Back




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