Partition suit by transferee of share in dwelling-house
Section 4 of the Partition Act, 1893 deals with partition suit by transferee of share in dwelling-house. 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 The Act came into force on 09 Mar 1893.
(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.
Section 4, 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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Gautam Paul v. Debi Rani Paul
Court's Decision & Legal Precedent
Judgment of Main Case order-1.pdf 2000-10-17 DATE VERIFIED (sole labelled Judgment). CA 5942/2000. Variava J. Partition Act s.4 pre-emption requires the stranger-transferee to sue for partition. A co-sharer cannot force a buy-out merely by filing the partition suit. 'Family' means the undivided family that owns the dwelling-house, not a distant blood relation of a common ancestor.
On this section: s.4 pre-emption of a stranger's share in a family dwelling-house is available only when that transferee sues for partition. A co-sharer's own partition suit does not trigger the buy-out. 'Such family' is the undivided family that owns the house (Gautam Paul).
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Vimleshwar Nagappa Shet vs Noor Ahmad Sheriff
Court's Decision & Legal Precedent
Section 4 of the Partition Act 1893 grants a co-heir shareholder of a dwelling house held by an undivided family the right to undertake to buy the share of an outsider transferee, thereby excluding the outsider from acquiring the property. An agreement of sale executed by some co-heirs but not joined by all co-heirs (particularly a minor co-heir whose share is included) is void and ineffective. Specific performance is a discretionary relief under Section 20 of the Specific Relief Act 1963 and should not be granted after a considerable lapse of time (21 years) when property values have escalated significantly. A factual concession made by counsel with client instructions binds the client and cannot be challenged in appeal. The court shall exercise its discretion under Article 136 to uphold a High Court judgment that has done substantial justice by protecting all parties' rights equitably.
On this section: Section 4(1) and (2) were cited to establish the right of a co-heir shareholder (Defendant No. 3) to undertake to buy the share transferred to an outsider (Vimaleshwar) and the court's power to direct such sale. The court held that this provision is relevant when a share of a dwelling house belonging to an undivided family has been transferred to a non-family member, and a family member shareholder undertakes to buy such share.
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Kammana Sambamurthy (d) by Lrs vs Kalipatnapu Atchutamma
Court's Decision & Legal Precedent
When an agreement of sale is executed by a vendor for the entire property, but it later transpires that the vendor is only a co-owner and does not have full title due to a co-owner spouse's undivided share in ancestral property: (1) The agreement is binding on the vendor to the extent of his own share; (2) Specific performance can be granted for the vendor's share even if the co-owner spouse is not party to the agreement and does not consent; (3) This is not a case of partial specific performance under Section 12 of the Specific Relief Act, but rather a case of whole performance of the vendor's contract obligation to sell his own share; (4) The contract is severable between the vendor's share and the co-owner's share; (5) The vendee, after obtaining the sale deed for the vendor's share, has the right to apply for partition and get his demarcated share; (6) The non-joinder of the co-owner does not prevent enforcement of the contract against the contracting party (the vendor) to the extent of his share; (7) Doctrine of estoppel and implied authority cannot be used to bind a non-party co-owner who explicitly and timely objected to the agreement.
On this section: Examined the right of preemption for family members in dwelling houses. The Court held that the provision is not attracted at the stage when the vendee's right has not yet crystallized. It becomes applicable only after the sale deed is executed and registered in the vendee's favor, at which point the co-owner wife could exercise preemption to purchase the share. The five essential prerequisites laid down in case law must be satisfied, and they were not satisfied at the time of the agreement.
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 4
What have the courts held on Section 4 of the Partition Act?
Gautam Paul v. Debi Rani Paul (17 Oct 2000) is the leading judgment on this section among those set out below: s.4 pre-emption of a stranger's share in a family dwelling-house is available only when that transferee sues for partition. A co-sharer's own partition suit does not trigger the buy-out. 'Such family' is the undivided family that owns the house (Gautam Paul). Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2000 to 2011.
How do I find court cases under Section 4 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 4, section 4 Partition Act 1893, section 4 of the Partition Act. People searching for it also type partition act 1893 section 4. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Gautam Paul v. Debi Rani Paul (17 Oct 2000).
What should I read with Section 4 of the Partition Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 4 of the Partition Act come into force?
Section 4 of the Partition Act, cited as Partition Act 1893 4, 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
- 3. Procedure when sharer undertakes to buy170 words
- 6. Reserved bidding and bidding by shareholders131 words
- 2. Power to court to order sale instead of division in partition suits128 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.