Supreme Court · 2000 INSC 488 · Decided 17 October 2000
Gautam Paul v. Debi Rani Paul and Ors
- Court
- Supreme Court of India
- Citation
- 2000 INSC 488 · [2000] SUPP. 3 S.C.R. 733
- Case number
- CIVIL APPEAL No. 5942/2000
- Decided
- 17 October 2000
- Bench
- V.N. KHARE, S.N. VARIAVA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 44
Headnote
B Partition Act, 1893-Section 4-Right of pre-emption-Exercise of­ Dwelling house belonging to undivided family-Transfer of share to a stranger-No suit for partition by stranger transferee-Effect of-Held, co- C sharer family members do not acquire right of pre-emption. Interpretation of and clear wordings of the section should not be ignored D Words & Phrases "Dwelling-house belonging to an undivided family", "such family"­ Meaning of in the context of Section 4 of the Partition Act, 1893. A residential Property was sold by its original owner to a
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