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Report No. 86

7.2. Section 44, Transfer of Property Act.-

This section supplements the provisions of section 44, second paragraph of the Transfer of Property Act, which reads as follows1-2:-

"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."

Section 44 of that Act having thus provided that the stranger1 purchaser is not entitled to joint possession or other common or part enjoyment, section 4 of the Partition Act takes the next step, and enables the members of the family to buy out the outsider. It can, therefore, be said, that section 4 takes up the law from the point at which section 44 of the Transfer of Property Act has left it.

1. Section 4, Transfer of Property Act, 1882 (4 of 1882).

2. See also Chapter 2, supra.



The Partition Act, 1893 Back




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