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Report No. 86

7.7. Case law on various expressions-"undivided". -

As regards the requirement connoted by the word "undivided" as occurring in section 4, it has been held,1-3 that it is not confined to a joint Hindu family, or even to any joint family but simply connotes that there is a family the members whereof have not divided their property.4 The emphasis is on the undivided character of the house.5 Accordingly, a Muslim widow who, though re-married long ago, continued to live with the second husband in the family house, has been held entitled to the benefit of the section.6

The fact that all other property has been partitioned, would also not take away the operation of the section, if the family is still undivided in relation to the dwelling house.

1. Babulal v. Huila Mollah, AIR 1938 Pat 13.

2. Bai Fatima v. Gulamnabi, AIR 1936 Born 197.

3. Gangi (Mt.) v. Atma Ram, AIR 1936 Lah 291.

4. Sultan Begum v. Debi Prasad, 1908 ILR 30 All 324 (FB).

5. Buto Krishna v. Akhoy Kumar, AIR 1950 Cal 111.

6. Shafina Begum v. Kifita (Mt.), AIR 1939 All 640 (Collister, J.).

The Partition Act, 1893 Back

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