4. Partition suit by transferee of share in dwelling-
house.—
(1) Where 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 such transferee sues for partition, 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.
(2) If in any case described in sub-section
(1) two or more members of the family being such
shareholders severally undertake to buy such share, the court shall follow the procedure prescribed by
sub-section
(2) of the last foregoing section.
1. The Act has been extended to—
(1) Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule.
(2) Pondicherry by Act 26 of 1968, s. 3 and the Schedule.
(3) Sikkim (w.e.f. 1-9-1984) vide Notification No. S. O. 651 (E), dated 24-8-1984, Gazette of India, Extraordinary, Part II,
s. 3(ii).
2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10-2019)..
3. The word “and” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
4. Sub-section
(3) rep. by s. 3 and the Second Schedule, ibid.
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