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Report No. 86

7.24. Recommendation to revise section 4(1).-

In the light of what we have stated above, we recommend that section 4(1) should be revised as under:-

"4. (1) Where-

(a) 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

(b) a suit for partition of the dwelling house or for separate possession of a share of the dwelling house is instituted, and

(c) the transferee is a party to such suit whether as a plaintiff or as a defendant, 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 as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf."

The Partition Act, 1893 Back

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