Procedure when sharer undertakes to buy
Section 3 of the Partition Act, 1893 deals with procedure when sharer undertakes to buy. If, in any case in which the court is requested under the last foregoing section to direct a sale, any other shareholder applies for leave to buy at a valuation the share or shares of the party or parties asking for a sale, the court shall order a valuation of the share or shares in such manner as i The Act came into force on 09 Mar 1893.
(1) If, in any case in which the court is requested under the last foregoing section to direct a sale, any other shareholder applies for leave to buy at a valuation the share or shares of the party or parties asking for a sale, the court shall order a valuation of the share or shares in such manner as it may think fit and offer to sell the same to such shareholder at the price so ascertained, and may give all necessary and proper directions in that behalf.
(2) If two or more shareholders severally apply for leave to buy as provided in sub-section (1), the court shall order a sale of the share or shares to the shareholder who offers to pay the highest price above the valuation made by the court.
(3) If no such shareholder is willing to buy such share or shares at the price so ascertained, the applicant or applicants shall be liable to pay all costs of or incident to the application or applications.
Section 3, The Partition Act, 1893 (Act 4 of 1893).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rani Aloka Dudhoria & Ors. v. Goutam Dudhoria & Ors.
Court's Decision & Legal Precedent
DATE-VERIFIED Judgement 2009-03-05 (order-9.pdf) — get_order_ai_analysis DATE VERIFIED index/body agree 2009-03-05. Inter-party auction of impartible shares in a partition suit attracts the Partition Act mandatorily; ss.2 and 3 require court valuation before sale to a sharer, and s.6(1) reserved price is imperative — parties cannot waive these statutory requirements by consent. Auction without valuation/reserve price and with defective notice set aside; remitted for fresh Partition Act-compliant sale.
On this section: s.3 — When a sharer undertakes to buy, the court must value the share under s.3(2) before directing sale; valuation is non-waivable once the Act applies.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 3
What have the courts held on Section 3 of the Partition Act?
Rani Aloka Dudhoria & Ors. v. Goutam Dudhoria & Ors. (05 Mar 2009) is the leading judgment on this section among those set out below: s.3 — When a sharer undertakes to buy, the court must value the share under s.3(2) before directing sale; valuation is non-waivable once the Act applies.
How do I find court cases under Section 3 of the Partition Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Partition Act 1893 3, section 3 Partition Act 1893, section 3 of the Partition Act. People searching for it also type partitio chapter 3 and partition act section 2 and 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Rani Aloka Dudhoria & Ors. v. Goutam Dudhoria & Ors. (05 Mar 2009).
What should I read with Section 3 of the Partition Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 3 of the Partition Act come into force?
Section 3 of the Partition Act, cited as Partition Act 1893 3, came into force on 09 Mar 1893, having been enacted on 09 Mar 1893. It is in force as at the date shown on this page.
Other sections of this Act
- 6. Reserved bidding and bidding by shareholders131 words
- 2. Power to court to order sale instead of division in partition suits128 words
- 4. Partition suit by transferee of share in dwelling-house127 words
- 7. Procedure to be followed in case of sales126 words
- 5. Representation of parties under disability84 words
- 1. Title, extent and saving45 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.